Equality Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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(2)
A code of practice under subsection (1) shall contain provision designed—
(a)
to ensure or facilitate compliance with a provision or enactment listed
in subsection (1), or
(b)
to promote equality of opportunity.
(3)
The Commission may issue a code of practice giving practical guidance to
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landlords and tenants in England or Wales about—
(a)
circumstances in which a tenant requires the consent of his landlord to
make a relevant improvement, within the meaning of section 49G(7) of
the Disability Discrimination Act 1995 (c. 50) (improvements), to a
dwelling house,
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(b)
reasonableness in relation to that consent, and
(c)
the application in relation to relevant improvements (within that
meaning) to dwelling houses of—
(i)
section 19(2) of the Landlord and Tenant Act 1927 (c. 36)
(consent to improvements),
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(ii)
sections 81 to 85 of the Housing Act 1980 (c. 51) (tenant’s
improvements),
(iii)
sections 97 to 99 of the Housing Act 1985 (c. 68) (tenant’s
improvements), and
(iv)
section 49G of the Disability Discrimination Act 1995.
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(4)
The Commission may issue a code of practice giving practical guidance to
landlords and tenants of houses (within the meaning of the Housing (Scotland)
Act 2006 (asp 00)) in Scotland about—
(a)
circumstances in which the tenant requires the consent of the landlord
to carry out work in relation to the house for the purpose of making the
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house suitable for the accommodation, welfare or employment of any
disabled person who occupies, or intends to occupy, the house as a sole
or main residence,
(b)
circumstances in which it is unreasonable to withhold that consent,
(c)
circumstances in which any condition imposed on the granting of that
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consent is unreasonable, and
(d)
the application in relation to such work of—
(i)
sections 28 to 31 and 34(6) of the Housing (Scotland) Act 2001
(asp 10), and
(ii)
sections 52, 53 and 64(6) of the Housing (Scotland) Act 2006 (asp
35
00).
(5)
The Commission shall comply with a direction of the Secretary of State to issue
a code under this section in connection with a specified matter if—
(a)
the matter is not listed in subsection (1), but
(b)
the Secretary of State expects to add it by order under section 15(6).
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(6)
Before issuing a code under this section the Commission shall—
(a)
publish proposals, and
(b)
consult such persons as it thinks appropriate.
(7)
Before issuing a code under this section the Commission shall submit a draft to
the Secretary of State, who shall—
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(a)
if he approves the draft—
(i)
notify the Commission, and
(ii)
lay a copy before Parliament, or

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
9

(b)
otherwise, give the Commission written reasons why he does not
approve the draft.
(8)
Where a draft is laid before Parliament under subsection (7)(a)(ii), if neither
House passes a resolution disapproving the draft within 40 days—
(a)
the Commission may issue the code in the form of the draft, and
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(b)
it shall come into force in accordance with provision made by the
Secretary of State by order.
(9)
If, or in so far as, a code relates to a duty imposed by or under section 76A, 76B
or 76C of the Sex Discrimination Act 1975 (c. 65), section 71 of the Race
Relations Act 1976 (c. 74) or section 49A or 49D of the Disability Discrimination
10
Act 1995 (c. 50) (public authorities: general anti-discrimination duties) the
Secretary of State shall consult the Scottish Ministers and the National
Assembly for Wales before—
(a)
approving a draft under subsection (7)(a) above, or
(b)
making an order under subsection (8)(b) above.
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(9)
In relation to a code of practice under subsection (4), the Secretary of State shall
consult the Scottish Ministers before—
(a)
approving a draft under subsection (7)(a) above, or
(b)
making an order under subsection (8)(b) above.
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Codes of practice: supplemental
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(1)
The Commission may revise a code issued under section 14; and a reference in
this section or in that section to the issue of a code shall be treated as including
a reference to the revision of a code.
(2)
The 40 day period specified in section 14(8)—
(a)
shall begin with the date on which the draft is laid before both Houses
25
(or, if laid before each House on a different date, with the later date),
and
(b)
shall be taken not to include a period during which—
(i)
Parliament is prorogued or dissolved, or
(ii)
both Houses are adjourned for more than four days.
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(3)
A code issued under section 14 may be revoked by the Secretary of State, at the
request of the Commission, by order.
(4)
A failure to comply with a provision of a code shall not of itself make a person
liable to criminal or civil proceedings; but a code—
(a)
shall be admissible in evidence in criminal or civil proceedings, and
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(b)
shall be taken into account by a court or tribunal in any case in which it
appears to the court or tribunal to be relevant.
(5)
Subsection (4)(b) does not apply in relation to a code issued under section 14(4).
(6)
The Secretary of State may by order amend section 14 so as to vary the range
of matters that codes of practice under that section may address.
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Inquiries
(1)
The Commission may conduct an inquiry into a matter relating to any of the
Commission’s duties under sections 8, 9 and 10.

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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(2)
If in the course of an inquiry the Commission begins to suspect that a person
may have committed an unlawful act—
(a)
in continuing the inquiry the Commission shall, so far as possible,
avoid further consideration of whether or not the person has
committed an unlawful act,
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(b)
the Commission may commence an investigation into that question
under section 20,
(c)
the Commission may use information or evidence acquired in the
course of the inquiry for the purpose of the investigation, and
(d)
the Commission shall so far as possible ensure (whether by aborting or
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suspending the inquiry or otherwise) that any aspects of the inquiry
which concern the person investigated, or may require his
involvement, are not pursued while the investigation is in progress.
(3)
The report of an inquiry—
(a)
may not state (whether expressly or by necessary implication) that a
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specified or identifiable person has committed an unlawful act, and
(b)
shall not otherwise refer to the activities of a specified or identifiable
person unless the Commission thinks that the reference—
(i)
will not harm the person, or
(ii)
is necessary in order for the report adequately to reflect the
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results of the inquiry.
(4)
Subsections (2) and (3) shall not prevent an inquiry from considering or
reporting a matter relating to human rights (whether or not a necessary
implication arises in relation to the equality enactments).
(5)
Before settling a report of an inquiry which records findings which in the
25
Commission’s opinion are of an adverse nature and relate (whether expressly
or by necessary implication) to a specified or identifiable person the
Commission shall—
(a)
send a draft of the report to the person,
(b)
specify a period of at least 28 days during which he may make written
30
representations about the draft, and
(c)
consider any representations made.
(6)
Schedule 2 makes supplemental provision about inquiries.
17
Grants
(1)
In pursuance of any of its duties under sections 8 to 10 the Commission may
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make grants to another person.
(2)
A grant under subsection (1) may be made subject to conditions (which may,
in particular, include conditions as to repayment).
(3)
A power under this Part to co-operate with or assist a person may not be
exercised by the provision of financial assistance otherwise than in accordance
40
with this section.
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Human rights
In pursuance of its duties under section 9 the Commission may (without
prejudice to the generality of section 13) co-operate with persons interested in
human rights within the United Kingdom or elsewhere.
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Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
11

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Groups
(1)
In pursuance of its duties under section 10 the Commission may do anything
specified in this section (without prejudice to the generality of section 13).
(2)
The Commission may make, co-operate with or assist in arrangements—
(a)
for the monitoring of kinds of crime affecting certain groups;
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(b)
designed to prevent or reduce crime within or affecting certain groups;
(c)
for activities (whether social, recreational, sporting, civic, educational
or otherwise) designed to involve members of groups.
Enforcement powers
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Investigations
10
(1)
The Commission may investigate whether or not a person—
(a)
has committed an unlawful act,
(b)
has complied with a requirement imposed by an unlawful act notice
under section 21, or
(c)
has complied with an undertaking given under section 23.
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(2)
The Commission may conduct an investigation under subsection (1)(a) only if
it suspects that the person concerned may have committed an unlawful act.
(3)
A suspicion for the purposes of subsection (2) may (but need not) be based on
the results of, or a matter arising during the course of, an inquiry under section
16.
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(4)
Before settling a report of an investigation recording a finding that a person has
committed an unlawful act or has failed to comply with a requirement or
undertaking the Commission shall—
(a)
send a draft of the report to the person,
(b)
specify a period of at least 28 days during which he may make written
25
representations about the draft, and
(c)
consider any representations made.
(5)
Schedule 2 makes supplemental provision about investigations.
21
Unlawful act notice
(1)
The Commission may give a person a notice under this section (an “unlawful
30
act notice”) if—
(a)
he is or has been the subject of an investigation under section 20(1)(a),
and
(b)
the Commission is satisfied that he has committed an unlawful act.
(2)
A notice must specify—
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(a)
the unlawful act, and
(b)
the provision of the equality enactments by virtue of which the act is
unlawful.
(3)
A notice must inform the recipient of the effect of—
(a)
subsections (5) to (7),
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(b)
section 20(1)(b), and

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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(c)
section 24(1)(a).
(4)
A notice may—
(a)
require the person to whom the notice is given to prepare an action plan
for the purpose of avoiding repetition or continuation of the unlawful
act;
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(b)
recommend action to be taken by the person for that purpose.
(5)
A person who is given a notice may, within the period of six weeks beginning
with the day on which the notice is given, appeal to the appropriate court or
tribunal on the grounds—
(a)
that he has not committed the unlawful act specified in the notice, or
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(b)
that a requirement for the preparation of an action plan imposed under
subsection (4)(a) is unreasonable.
(6)
On an appeal under subsection (5) the court or tribunal may—
(a)
affirm a notice;
(b)
annul a notice;
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(c)
vary a notice;
(d)
affirm a requirement;
(e)
annul a requirement;
(f)
vary a requirement;
(g)
make an order for costs or expenses.
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(7)
In subsection (5) “the appropriate court or tribunal” means—
(a)
an employment tribunal, if a claim in respect of the alleged unlawful act
could be made to it, or
(b)
a county court (in England and Wales) or the sheriff (in Scotland), if a
claim in respect of the alleged unlawful act could be made to it or to
25
him.
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Action plans
(1)
This section applies where a person has been given a notice under section 21
which requires him (under section 21(4)(a)) to prepare an action plan.
(2)
The notice must specify a time by which the person must give the Commission
30
a first draft plan.
(3)
After receiving a first draft plan from a person the Commission shall—
(a)
approve it, or
(b)
give the person a notice which—
(i)
states that the draft is not adequate,
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(ii)
requires the person to give the Commission a revised draft by a
specified time, and
(iii)
may make recommendations about the content of the revised
draft.
(4)
Subsection (3) shall apply in relation to a revised draft plan as it applies in
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relation to a first draft plan.
(5)
An action plan comes into force—

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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(a)
if the period of six weeks beginning with the date on which a first draft
or revised draft is given to the Commission expires without the
Commission—
(i)
giving a notice under subsection (3)(b), or
(ii)
applying for an order under subsection (6)(b), or
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(b)
upon a court’s declining to make an order under subsection (6)(b) in
relation to a revised draft of the plan.
(6)
The Commission may apply to a county court (in England and Wales) or to the
sheriff (in Scotland)—
(a)
for an order requiring a person to give the Commission a first draft plan
10
by a time specified in the order,
(b)
for an order requiring a person who has given the Commission a
revised draft plan to prepare and give to the Commission a further
revised draft plan—
(i)
by a time specified in the order, and
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(ii)
in accordance with any directions about the plan’s content
specified in the order, or
(c)
during the period of five years beginning with the date on which an
action plan prepared by a person comes into force, for an order
requiring the person—
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(i)
to act in accordance with the action plan, or
(ii)
to take specified action for a similar purpose.
(7)
An action plan may be varied by agreement between the Commission and the
person who prepared it.
(8)
Paragraphs 10 to 14 of Schedule 2 apply (but omitting references to oral
25
evidence) in relation to consideration by the Commission of the adequacy of a
draft action plan as they apply in relation to the conduct of an inquiry.
(9)
A person commits an offence if without reasonable excuse he fails to comply
with an order under subsection (6); and a person guilty of an offence under this
subsection shall be liable on summary conviction to a fine not exceeding level
30
5 on the standard scale.
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Agreements
(1)
The Commission may enter into an agreement with a person under which—
(a)
the person undertakes—
(i)
not to commit an unlawful act of a specified kind, and
35
(ii)
to take, or refrain from taking, other specified action (which
may include the preparation of a plan for the purpose of
avoiding an unlawful act), and
(b)
the Commission undertakes not to proceed against the person under
section 20 or 21 in respect of any unlawful act of the kind specified
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under paragraph (a)(i).
(2)
The Commission may enter into an agreement with a person under this section
only if it thinks that the person has committed an unlawful act.
(3)
But a person shall not be taken to admit to the commission of an unlawful act
by reason only of entering into an agreement under this section.
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(4)
An agreement under this section—

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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(a)
may be entered into whether or not the person is or has been the subject
of an investigation under section 20,
(b)
may include incidental or supplemental provision (which may include
provision for termination in specified circumstances), and
(c)
may be varied or terminated by agreement of the parties.
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(5)
This section shall apply in relation to the breach of a duty specified in section
35(2) as it applies in relation to the commission of an unlawful act; and for that
purpose the reference in subsection (1)(b) above to section 20 or 21 shall be
taken as a reference to section 33.
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Applications to court
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(1)
If the Commission thinks that a person is likely to commit an unlawful act, it
may apply—
(a)
in England and Wales, to a county court for an injunction restraining
the person from committing the act, or
(b)
in Scotland, to the sheriff for an interdict prohibiting the person from
15
committing the act.
(2)
Subsection (3) applies if the Commission thinks that a party to an agreement
under section 23 has failed to comply, or is likely not to comply, with an
undertaking under the agreement.
(3)
The Commission may apply to a county court (in England and Wales) or to the
20
sheriff (in Scotland) for an order requiring the person—
(a)
to comply with his undertaking, and
(b)
to take such other action as the court or the sheriff may specify.
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Application to restrain unlawful advertising, pressure, &c.
(1)
This section applies to an act which is unlawful under any of the following—
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(a)
sections 38 to 40 of the Sex Discrimination Act 1975 (c. 65) (advertising;
and instructions or pressure to discriminate),
(b)
sections 29 to 31 of the Race Relations Act 1976 (c. 74) (advertising; and
instructions or pressure to discriminate),
(c)
sections 16B and 16C of the Disability Discrimination Act 1995 (c. 50)
30
(advertising; and instructions or pressure to discriminate), and
(d)
sections 54 and 55 below (religious discrimination: advertising; and
instructions or pressure to discriminate).
(2)
Legal proceedings in relation to action to which this section applies—
(a)
may be brought by the Commission in accordance with this section,
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and
(b)
may not be brought by anyone else.
(3)
Where the Commission thinks that a person has done an act to which this
section applies the Commission may—
(a)
present a complaint to an employment tribunal, where the act is alleged
40
to be unlawful by reference to—
(i)
Part 2 of the Sex Discrimination Act 1975,
(ii)
Part 2 of the Race Relations Act 1976,
(iii)
Part 2 of the Disability Discrimination Act 1995,
(iv)
Part 3 of that Act in so far as it relates to employment services, or
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