Equality Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Schedule 3 — Amendments Consequential on Part 1
80

33
In section 78 (interpretation)—
(a)
in subsection (1)—
(i)
in the definition of “the Commission” for “Commission for
Racial Equality” substitute “Commission for Equality and
Human Rights”, and
5
(ii)
omit the definitions of “non-discrimination notice” and
“formal investigation”, and
(b)
in subsection (4)—
(i)
after “this Act” omit the words “a non-discrimination notice
or”,
10
(ii)
after “the appeal against the” omit the words “notice or”, and
(iii)
omit the words from “and for this purpose” to the end of the
subsection.
34
Schedule 1 (Commission for Racial Equality) shall cease to have effect.
35
In Part II of Schedule 1A (general statutory duty)—
15
(a)
omit the references to—
(i)
the Commission for Racial Equality,
(ii)
the Disability Rights Commission, and
(iii)
the Equal Opportunities Commission, and
(b)
at the appropriate place insert “Commission for Equality and
20
Human Rights”.
Estate Agents Act 1979 (c. 38)
36
The Estate Agents Act 1979 shall be amended as follows.
37
In section 9(6) (provision of information to Office of Fair Trading)—
(a)
for paragraph (a) substitute—
25
“(a)
the Commission for Equality and Human Rights,
and”, and
(b)
paragraph (c) (and the word “and” immediately before it) shall cease
to have effect.
38    (1)
Schedule 1 shall be amended as follows.
30
      (2)
For paragraph 2(b) to (d) substitute—
“(b)
where he has been given an unlawful act notice under
section 21 of the Equality Act 2005 and no appeal under
that section is pending or can be brought;
(c)
where he is the subject of an injunction, interdict or order
35
under section 24 (unlawful acts) or 25 (unlawful
advertising, pressure, &c.) of the Equality Act 2005;
(d)
where—
(i)
a county court has determined in accordance with
section 25 of the Equality Act 2005 that he
40
committed an act which is unlawful under section
38, 39 or 40 of the Sex Discrimination Act 1975 or
section 29, 30 or 31 of the Race Relations Act 1976
(unlawful advertising, pressure, &c.), and

Equality Bill [HL]
Schedule 3 — Amendments Consequential on Part 1
81

(ii)
no appeal under section 25 of the Equality Act 2005
is pending or can be brought (disregarding an
appeal out of time);”.
      (3)
Paragraph 2(f) to (h) shall cease to have effect.
      (4)
In the words following paragraph 2(h) after “injunction” insert “, interdict”.
5
      (5)
In paragraph 4(1) and (2) omit—
(a)
the words “and notices”, and
(b)
the words “(1) and”.
Legal Aid (Scotland) Act 1986 (c. 47)
39    (1)
The Legal Aid (Scotland) Act 1986 shall be amended as follows.
10
      (2)
In section 4(2) (sums which may be paid out of the Scottish Legal Aid Fund),
after paragraph (ab) insert—
“(ac)
any sums payable by the Board under section 17(2D) of this
Act;”.
      (3)
In section 17 (contributions and payments out of property recovered), after
15
subsection (2B) insert—
“(2C)
Subsection (2D) below applies where, after applying sums paid to
the Board under subsection (2A) above in respect of the expenses of
any party in any proceedings—
(a)
there is a surplus in the Fund on the account of the party; and
20
(b)
the party received, in respect of the same proceedings,
assistance from the Commission for Equality and Human
Rights under section 29 of the Equality Act 2005 (power of the
Commission to provide legal assistance).
(2D)
The Board shall apply the surplus to pay to the Commission any
25
sums due to it under section 30(2) of that Act (Commission’s
entitlement to recover expenses incurred in providing assistance) in
respect of the assistance provided by it to the party.”
Employment Act 1989 (c. 38)
40
In section 28(2) of the Employment Act 1989 (orders) for “Equal
30
Opportunities Commission” substitute “Commission for Equality and
Human Rights”.
Disability Discrimination Act 1995 (c. 50)
41
The Disability Discrimination Act 1995 shall be amended as follows.
42
At the end of section 16B (discriminatory advertisements) add—
35
“(5)
Proceedings in respect of a contravention of subsection (1) may be
brought only—
(a)
by the Commission for Equality and Human Rights, and
(b)
in accordance with section 25 of the Equality Act 2005.”

Equality Bill [HL]
Schedule 3 — Amendments Consequential on Part 1
82

43
At the end of section 16C (instructions and pressure to discriminate) add—
“(4)
Proceedings in respect of a contravention of this section may be
brought only—
(a)
by the Commission for Equality and Human Rights, and
(b)
in accordance with section 25 of the Equality Act 2005.”
5
44
Section 17B (proceedings by Disability Rights Commission) shall cease to
have effect.
45
Section 28 (conciliation services) shall cease to have effect.
46
In sections 28C(4) and 28T(2) (non-discrimination in education) for “section
53A.” substitute “section 14 of the Equality Act 2005.”
10
47
Section 31B (conciliation services) shall cease to have effect.
48
In section 49D(5) for “Disability Rights Commission” substitute
“Commission for Equality and Human Rights”.
49
Sections 49E and 49F (public authorities: enforcement) shall cease to have
effect.
15
50
Section 49H (let property: conciliation of disputes) shall cease to have effect.
51
Section 49I (conciliation of disputes: rented housing in Scotland) shall cease
to have effect.
52
Section 53A (codes of practice) shall cease to have effect.
53
In section 67(5)(b) (regulations and orders) omit the words “53A(6)(a)”.
20
54
In section 68(1) (interpretation), in the definition of “regulations” omit the
words “to 49F”.
55
In section 70(5A) for “7B, 49G, 49H and 53A(1D) and (1E)” substitute “7B and
49G”.
56    (1)
For paragraph 6(2) of Schedule 3 (enforcement) substitute—
25
    “(2)
Where, in relation to proceedings or prospective proceedings
under section 25, the dispute concerned is referred for conciliation
in pursuance of arrangements under section 27 of the Equality Act
2005 before the end of the period of six months mentioned in sub-
paragraph (1), the period allowed by that sub-paragraph shall be
30
extended by three months.”
      (2)
In each of paragraphs 10(2) and 13(2) of Schedule 3 (enforcement) —
(a)
for “section 28” or “section 31B” substitute “section 27 of the Equality
Act 2005”, and
(b)
for “two months.” substitute “three months.”
35
Employment Tribunals Act 1996 (c. 17)
57
After section 21(1)(gb) of the Employment Tribunals Act 1996 (jurisdiction
of Employment Appeal Tribunal) insert—
“(gc)
the Equality Act 2005,”.

Equality Bill [HL]
Schedule 4 — Repeals
83

Asylum and Immigration Act 1996 (c. 49)
58
In section 8A(4)(a) of the Asylum and Immigration Act 1996, for
“Commission for Racial Equality;” substitute “Commission for Equality and
Human Rights;”.
Disability Rights Commission Act 1999 (c. 17)
5
59
The Disability Rights Commission Act 1999 shall cease to have effect.
Freedom of Information Act 2000 (c. 36)
60
In Part VI of Schedule 1 to the Freedom of Information Act 2000 (public
bodies) omit the references to—
(a)
the Commission for Racial Equality,
10
(b)
the Disability Rights Commission, and
(c)
the Equal Opportunities Commission.
Anti-terrorism, Crime and Security Act 2001 (c. 24)
61
In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001
(disclosure)—
15
(a)
paragraphs 13, 14 and 46 shall cease to have effect, and
(b)
after paragraph 53A insert—

“Equality Act 2005

53B      Section 6 of the Equality Act 2005.”
Housing (Scotland) Act 2001 (asp 10)
20
62
In paragraph 8(e) of Schedule 5 to the Housing (Scotland) Act 2001, for
“Disability Rights Commission” substitute “Commission for Equality and
Human Rights”.
Housing (Scotland) Act 2006 (asp 00)
63
In each of the following provisions of the Housing (Scotland) Act 2006, for
25
“Disability Rights Commission” substitute “Commission for Equality and
Human Rights”—
(a)
section 53(1)(g),
(b)
section 65(4), and
(c)
section 67(2)(b)(i).
30
Schedule 4
Section 91

Repeals

Short title and chapter
Extent of repeal

Public Records Act 1958 (c. 51)
In Part II of Schedule 1, the reference to the

Disability Rights Commission.

35

Equality Bill [HL]
Schedule 4 — Repeals
84

Short title and chapter
Extent of repeal

Parliamentary Commissioner
In Schedule 2, the references to the Commission

Act 1967 (c. 13)
for Racial Equality, the Disability Rights

Commission and the Equal Opportunities

Commission.

5

Superannuation Act 1972 (c. 11)
In Schedule 1, the references to the Commission

for Racial Equality, the Disability Rights

Commission and the Equal Opportunities

Commission.

House of Commons
In Part II of Schedule 1, the references to the

10

Disqualification Act 1975
Commission for Racial Equality, the

(c. 24)
Disability Rights Commission and the Equal

Opportunities Commission.

In Part III of Schedule 1, the references to an

Additional Commissioner of the Commission

15

for Racial Equality and an Additional

Commissioner of the Equal Opportunities

Commission.

Northern Ireland Assembly
In Part II of Schedule 1, the references to the

Disqualification Act 1975
Commission for Racial Equality, the

20

(c. 25)
Disability Rights Commission and the Equal

Opportunities Commission.

In Part III of Schedule 1, the references to an

Additional Commissioner of the Commission

for Racial Equality and an Additional

25

Commissioner of the Equal Opportunities

Commission.

Sex Discrimination Act 1975
Part VI.

(c. 65)
Sections 67 to 73.

Section 75.

30

Section 76(3) and (4).

Section 76D.

Section 76E.

In section 81(1) the words “and 59(2)”.

In section 81(2) the words “, 59(2)”.

35

In section 82(1) the definitions of “formal

investigation” and “non-discrimination

notice”.

In section 82(4) the words—

(a)     “a non-discrimination notice or”,

40

(b)    “notice or”, and

(c)     the words from “and for this purpose” to

the end of the subsection.

Schedule 3.

Race Relations Act 1976 (c. 74)
Part VII.

45

Sections 58 to 64.

Section 66.

Sections 71C to 71E.

Section 68(3), (3A)(c), (4) and (5).

In section 74(1), the words “(except section

50

50(2)(a))”.

Section 74(5).

Equality Bill [HL]
Schedule 4 — Repeals
85

Short title and chapter
Extent of repeal

Race Relations Act 1976
In section 78(1) the definitions of “formal

(c. 74)—cont.
investigation” and “non-discrimination

notice”.

In section 78(4) the words—

5

(a)     “a non-discrimination notice or”,

(b)    “notice or”, and

(c)     the words from “and for this purpose” to

the end of the subsection.

Schedule 1.

10

In Part II of Schedule 1A, the references to the

Commission for Racial Equality, Disability

Rights Commission and Equal Opportunities

Commission.

Paragraphs 1, 2, 6, 7, 8 and 9 of Schedule 4.

15

Estate Agents Act 1979 (c. 38)
Section 9(6)(c) (and the word “and” immediately

before it).

Paragraph 2(f) to (h) of Schedule 1.

In each sub-paragraph of paragraph 4 of

Schedule 1—

20

(a) the words “and notices”, and

(b)   the words “(1) and”.

County Courts Act 1984 (c. 28)
Paragraphs 54 and 61 of Schedule 2.

Legal Aid (Scotland) Act 1986
Paragraphs 5 and 6 of Schedule 3.

(c. 47)

25

Legal Aid Act 1988 (c. 34)
Paragraphs 6 and 7 of Schedule 5.

Housing Act 1988 (c. 50)
Section 137.

Employment Act 1989 (c. 38)
Paragraph 16 of Schedule 6.

Local Government and Housing
Section 180.

Act 1989 (c. 42)

30

Trade Union Reform and
Paragraph 15 of Schedule 7.

Employment Rights Act 1993

(c. 19)

Disability Discrimination Act
Section 17B.

1995 (c. 50)
Section 28.

35

Section 31B.

Section 49E.

Section 49F.

Section 49H.

Section 49I.

40

Section 53A.

In section 67(5)(b), the words “, 53A(6)(a)”.

In the definition of “regulations” in section

68(1), the words “to 49F”.

Employment Tribunals Act
Paragraphs 3 and 4(3) of Schedule 1.

45

1996 (c. 17)

Disability Rights Commission
The whole Act.

Act 1999 (c. 17)

Access to Justice Act 1999 (c. 22)
Paragraphs 13, 14 and 56 of Schedule 4.

Equality Bill [HL]
Schedule 4 — Repeals
86

Short title and chapter
Extent of repeal

Race Relations (Amendment)
Paragraphs 8, 9 and 11 of Schedule 2.

Act 2000 (c. 34)

Freedom of Information Act
In Part VI of Schedule 1, the references to the

2000 (c. 36)
Commission for Racial Equality, Disability

5

Rights Commission and Equal Opportunities

Commission.

Special Educational Needs and
Sections 35 to 37.

Disability Act 2001 (c. 10)
Schedule 7.

Anti-terrorism, Crime and
Paragraphs 13, 14 and 46 of Schedule 4.

10

Security Act 2001 (c. 24)

Nationality, Immigration and
Paragraphs 13 and 15 of Schedule 7.

Asylum Act 2002 (c. 41)

Disability Discrimination Act
Section 16(2) and (3).

2005 (c. 13)
Paragraphs 10, 25, 28 and 50 of Schedule 1.

15

Equality Act 2005
Section 86.