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15Clause 3, page 5, line 30, after second ("officer") insert ("or other person").
Lord Bassam of Brighton : My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 15.
Moved, That the House do agree with the Commons in their Amendment No. 15.--(Lord Bassam of Brighton.)
On Question, Motion agreed to.
16Clause 4, page 6, line 15, leave out ("or").
17Page 6, line 20, after ("conduct;") insert ("or
(c) any investigation which is conducted by a person in carrying out functions to which section 19B applies and which in the circumstances may lead to a decision by that person to make a report to the procurator fiscal for the purpose of enabling him to determine whether criminal proceedings should be instituted;").
18Page 6, leave out lines 26 to 45 and insert--
("(4C) Subsection (4D) applies where a party to proceedings under subsection (1) which have arisen by virtue of section 19B has applied for a stay or sist of those proceedings on the grounds of prejudice to--
(a) particular criminal proceedings;
(b) a criminal investigation; or
(c) a decision to institute criminal proceedings.
(4D) The court shall grant the stay or sist unless it is satisfied that the continuance of the proceedings under subsection (1) would not result in the prejudice alleged."").
19Page 7, line 8, at end insert ("or would reveal the reasons behind a decision not to institute, or a decision not to continue, criminal proceedings").
20Clause 5, page 7, leave out lines 16 to 29 and insert--
(""(7) This section has effect subject to section 57A."
( ) After section 57 of that Act there is inserted--
"Claims under section 19B in immigration cases.
57A.--(1) No proceedings may be brought by a claimant under section 57(1) in respect of an immigration claim if--
(a) the act to which the claim relates was done in the taking by an immigration authority of a relevant decision and the question whether that act was unlawful by virtue of section 19B has been or could be raised in proceedings on an appeal which is pending, or could be brought, under the 1997 Act or Part IV of the 1999 Act; or
(b) it has been decided in relevant immigration proceedings that that act was not unlawful by virtue of that section.
(2) For the purposes of this section an immigration claim is a claim that a person--
(a) has committed a relevant act of discrimination against the claimant which is unlawful by virtue of section 19B; or
(b) is by virtue of section 32 or 33 to be treated as having committed such an act of discrimination against the claimant.
(3) Where it has been decided in relevant immigration proceedings that an Act to which an immigration claim relates was unlawful by virtue of section 19B, any court hearing that claim under section 57 shall treat that act as an act which is unlawful by virtue of section 19B for the purposes of the proceedings before it.
(4) No relevant decision of an immigration authority involving an act to which an immigration claim relates and no relevant decision of an immigration appellate body in relation to such a decision shall be subject to challenge or otherwise affected by virtue of a decision of a court hearing the immigration claim under section 57.
(5) In this section--
"the Immigration Acts" has the same meaning as in the 1999 Act;
"immigration appellate body" means an adjudicator appointed for the purposes of the 1999 Act, the Immigration Appeal Tribunal, the Special Immigration Appeals Commission, the Court of Appeal, the Court of Session or the House of Lords;
"immigration authority" means an authority within the meaning of section 65 of the 1999 Act (human rights and racial discrimination cases);
"immigration claim" has the meaning given by subsection (2) above;
"pending" has the same meaning as in the 1997 Act or, as the case may be, Part IV of the 1999 Act;
"relevant act of discrimination" means an act of discrimination done by an immigration authority in taking any relevant decision;
"relevant decision" means--
(a) in relation to an immigration authority, any decision under the Immigration Acts relating to the entitlement of the claimant to enter or remain in the United Kingdom; and
(b) in relation to an immigration appellate body, any decision on an appeal under the 1997 Act or Part IV of the 1999 Act in relation to a decision falling within paragraph (a);
"relevant immigration proceedings" means proceedings on an appeal under the 1997 Act or Part IV of the 1999 Act;
"the 1997 Act" means the Special Immigration Appeals Commission Act 1997;
"the 1999 Act" means the Immigration and Asylum Act 1999,
and, for the purposes of subsection (1)(a), any power to grant leave to appeal out of time shall be disregarded." ").
Lord Bassam of Brighton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 16 to 20.
Moved, That the House do agree with the Commons in their Amendments Nos. 16 to 20.--(Lord Bassam of Brighton.)
On Question, Motion agreed to.
21Clause 9, page 9, line 5, leave out ("Schedules 1") and insert ("Schedules (Bodies and other persons subject to general statutory duty)").
22Page 9, line 10, after ("such") insert ("transitory,").
23Page 9, line 11, at end insert--
("( ) Transitory provision made in exercise of the power conferred by subsection (3)(b) may, in particular, include provision made in consequence of any provision of any other Act passed before, or in the same session as, this Act not having come into force.").
24Page 9, line 11, at end insert--
("( ) No amendment by this Act of an enactment shall be taken, for the purposes of the Scotland Act 1998, to be a pre-commencement enactment within the meaning of that Act unless the amendment so provides.").
25Page 9, line 12, leave out subsection (4) and insert--
("( ) Any amendment or repeal by this Act of an enactment has the same extent as the enactment amended or repealed.").
26Page 9, line 14, leave out subsection (5).
Lord Bassam of Brighton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 21 to 26.
Moved, That the House do agree with the Commons in their Amendments Nos. 21 to 26.--(Lord Bassam of Brighton.)
On Question, Motion agreed to.
27Schedule 1, page 10, line 2, leave out Schedule 1.
28After Schedule 1, insert the following new Schedule--
("SCHEDULE
The following Schedule is inserted into the 1976 Act after Schedule 1--
"SCHEDULE 1A
BODIES AND OTHER PERSONS SUBJECT TO GENERAL STATUTORY DUTY
Ministers of the Crown and government departments
1.--(1) A Minister of the Crown or government department.
(2) Sub-paragraph (1) does not include the Security Service, the Intelligence Service or the Government Communications Headquarters.
Scottish Administration
2.--(1) An office-holder in the Scottish Administration within the meaning given by section 126(7)(a) of the Scotland Act 1998.
(2) Members of the staff of the Scottish Administration within the meaning given by section 126(7)(b) of that Act.
National Assembly for Wales
3.--(1) The National Assembly for Wales.
(2) An Assembly subsidiary as defined by section 99(4) of the Government of Wales Act 1998.
Armed forces
4. Any of the naval, military or air forces of the Crown.
National Health Service: England and Wales
5. A Health Authority established under section 8 of the National Health Service Act 1977.
6. A special health authority established under section 11 of that Act.
7. A primary care trust established under section 16A of that Act.
8. A National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990.
National Health Service: Scotland
9. A Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978.
10. A Special Health Board constituted under section 2 of that Act.
11. A National Health Service Trust established under section 12A of that Act.
Local government
12. A local authority within the meaning of the Local Government Act 1972, namely--
(a) in England, a county council, a London borough council, a district council or a parish council;
(b) in Wales, a county council, a county borough council or a community council.
13. A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
14. A community council established under section 51 of the Local Government (Scotland) Act 1973.
15. The Greater London Authority.
16. The Common Council of the City of London in its capacity as a local authority or port health authority.
17. The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in his capacity as a local authority.
18. The Council of the Isles of Scilly.
19. A parish meeting constituted under section 13 of the Local Government Act 1972.
20. Any charter trustees constituted under section 246 of that Act.
21. A fire authority constituted by a combination scheme under section 5 or 6 of the Fire Services Act 1947.
22. A waste disposal authority established by virtue of an order under section 10(1) of the Local Government Act 1985.
23. A water or sewerage authority constituted under section 62 of the Local Government etc. (Scotland) Act 1994.
24. A port health authority constituted by an order under section 2 of the Public Health (Control of Disease) Act 1984.
25. A licensing planning committee constituted under section 119 of the Licensing Act 1964.
26. A licensing board constituted under section 1 of the Licensing (Scotland) Act 1976.
27. An internal drainage board which is continued in being by virtue of section 1 of the Land Drainage Act 1991.
28. A probation committee constituted under section 3 of the Probation Service Act 1993.
29. A joint authority established under Part IV of the Local Government Act 1985 (fire services, civil defence and transport).
30. A joint board within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.
31. The London Fire and Emergency Planning Authority.
32. A body corporate established pursuant to an order under section 67 of the Local Government Act 1985 (transfer of functions to successors of residuary bodies, etc.).
33. A body corporate established pursuant to an order under section 22 of the Local Government Act 1992 (residuary bodies).
34. The Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 1988.
35. A joint committee constituted in accordance with section 102(1)(b) of the Local Government Act 1972.
36. A joint board which is continued in being by virtue of section 263(1) of that Act.
37. A joint authority established under section 21 of the Local Government Act 1992.
38. A Passenger Transport Executive for a passenger transport area within the meaning of Part II of the Transport Act 1968.
39. Transport for London.
40. The London Development Agency.
41. A regional development agency established under the Regional Development Agencies Act 1998 (other than the London Development Agency).
42. Scottish Enterprise and Highland and Islands Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990.
43. A National Park authority established by an order under section 63 of the Environment Act 1995.
44. A joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990.
45. A magistrates' courts committee established under section 27 of the Justices of the Peace Act 1997.
Other educational bodies
46. Governing bodies of--
(a) educational establishments maintained by local education authorities;
(b) institutions within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992); or
(c) institutions within the higher education sector (within the meaning of section 91(5) of the Act of 1992).
47. The managers of a grant-aided school (within the meaning of section 135 of the Education (Scotland) Act 1980).
48. The managers of a central institution (within the meaning of section 135 of the Act of 1980).
49. The board of management of a self-governing school (within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989).
50. The board of management of a college of further education (within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992).
51. The governing body of an institution within the higher education sector (within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992).
Other housing bodies
52. The Housing Corporation.
53. Scottish Homes.
54. A housing action trust established under Part III of the Housing Act 1988.
Police
55. A police authority established under section 3 of the Police Act 1996.
56. A police authority established under section 2 of the Police (Scotland) Act 1967.
57. The Metropolitan Police Authority established under section 5B of the Police Act 1996.
58. The Common Council of the City of London in its capacity as a police authority.
59. The Service Authority for the National Criminal Intelligence Service.
60. The Service Authority for the National Crime Squad." ").
29Schedule 2, page 13, line 3, at end insert--
(" . In section 17 of the 1976 Act (prohibition on discrimination by certain education bodies), in the Table--
(a) in paragraph 7 for "73(c) or (d)" there is substituted "73(d)"; and
(b) after paragraph 7 there is inserted--
| "7AA. A grant-aided school, within the meaning of section 135 of the Education (Scotland) Act 1980. | The managers of the school." |
30Page 13, line 3, at end insert--
(" . In section 27(1) of the 1976 Act (extent of Part III) for "19" there is substituted "18D".").31
31Page 13, line 4, leave out ("the 1976 Act (extent of Part III)") and insert ("that Act").
32Page 13, line 10, leave out ("section 65") and insert ("the Special Immigration Appeals Commission Act 1997 or Part IV").
33Page 13, line 15, after ("76(4)") insert ("or (5C) or by virtue of section 76(5D)(b) and (5E)").
34Page 13, line 15, at end insert--
(" . In section 57(5) of that Act (claims under Part III in relation to certain educational bodies)--
(a) for the words "section 19(1)" there is substituted "subsection (5A)"; and
(b) the words from "and" to the end of the subsection are omitted.
. After section 57(5) of that Act there is inserted--
"(5A) This subsection applies to--
(a) local education authorities in England and Wales;
(b) education authorities in Scotland; and
(c) any body which is a responsible body in relation to an establishment falling within paragraph 3, 3B or 7B of the table in section 17." ").
35Page 13, line 15, at end insert--
(" . In section 59(1)(b) of that Act (appeal against non-discrimination notice) after "the court" there is inserted "(ignoring section 57A)".").
36Page 13, line 15, at end insert--
(" . In section 62(1) of that Act (persistent discrimination) after "or" at the end of paragraph (b) there is inserted--
"(ba) a finding under the Special Immigration Appeals Commission Act 1997 or Part IV of the Immigration and Asylum Act 1999 that he has done an act which was unlawful by virtue of section 19B; or"").
37Page 13, line 15, at end insert--
(" . After section 65(6) of that Act (help for aggrieved persons in obtaining information etc.), there is added--
"(7) This section does not apply in relation to any proceedings under--
(a) the Special Immigration Appeals Commission Act 1997; or
(b) Part IV of the Immigration and Asylum Act 1999." ").
38Page 13, line 15, at end insert--
(" . After section 66(7) of that Act (assistance by Commission) there is added--
"(8) This section (except for subsection (4)) applies to proceedings or prospective proceedings under the Special Immigration Appeals Commission Act 1997 or Part IV of the Immigration and Asylum Act 1999 so far as they relate to acts which may be unlawful by virtue of section 19B as it applies to proceedings or prospective proceedings under this Act.
(9) In this section as it applies by virtue of subsection (8) "rules and regulations" means--
(a) in relation to proceedings under the Act of 1997, rules under section 5 or 8 of that Act;
(b) in relation to proceedings under Part IV of the Act of 1999, rules under paragraph 3 or 4 of Schedule 4 to that Act.".").
39Page 13, line 15, at end insert--
(" . After section 67(3) of that Act (extension of jurisdiction of county courts and sheriff courts) there is inserted--
"(3A) A designated county court or a sheriff court shall have jurisdiction to entertain proceedings under this Act with respect to an act done outside the United Kingdom where section 19B applies in relation to such an act by virtue of section 27(1A)." ").
40Page 13, line 15, at end insert--
(" . In section 68(2) of that Act (period within which proceedings to be brought), at the beginning there is inserted "Subject to subsection (2A)".
. After section 68(2) of that Act, there is inserted--
"(2A) In relation to an immigration claim within the meaning of section 57A, the period of six months mentioned in subsection (2)(a) begins on the expiry of the period during which, by virtue of section 57A(1)(a), no proceedings may be brought under section 57(1) in respect of the claim."").
41Page 13, line 15, at end insert--
(" . In section 69(2) of that Act (evidence), after "Act" there is inserted "or any enactment mentioned in section 19C(5)".").
42Page 13, line 18, leave out ("75(1)") and insert ("75(2)").
43Page 13, leave out lines 19 to 21 and insert--
(""(2A) Subsections (1) and (2) do not apply in relation to the provisions mentioned in subsection (2B).
(2B) Sections 19B to 19D, sections 71 to 71E (including Schedule 1A) and section 76 bind the Crown; and the other provisions of this Act so far as they relate to those provisions shall be construed accordingly (including, in particular, references to employment in Part IV).".").
44Page 13, line 22, after ("Act") insert ("--
(a) for "and (2)" there is substituted "to (2B)"; and
(b)").
45Page 13, line 28, at end insert--
("( ) proceedings on dealing summarily with a charge under the Army Act 1955 or the Air Force Act 1955 or on summary trial under the Naval Discipline Act 1957;
( ) proceedings before a summary appeal court constituted under any of those Acts;").
46Page 13, line 29, leave out from ("under") to ("or") in line 31 and insert ("any of those Acts").
47Page 13, line 34, at end insert--
. In section 18(1) of the Local Government Act 1988 (race relations matters)--
(a) for the words from "71" to "regard to" there is substituted "71(1) of the Race Relations Act 1976 and any duty imposed by an order under section 71(2) of that Act (duties relating to the"; and
(b) for "local authority" there is substituted "public authority to which section 17 above applies".
. In section 18(2) of that Act--
(a) for "local authority" there is substituted "public authority to which that section applies"; and
(b) for "71" there is substituted "71(1) or any duty imposed by an order under the said section 71(2)".
. Section 18(7A) of that Act is omitted.").
48Page 13, line 34, at end insert--
. In section 2A(1) of the Special Immigration Appeals Commission Act 1997 (jurisdiction: human rights), after "appealable decision," there is inserted "racially discriminated against him or".
. In section 2A(2) of that Act, after "this section," there is inserted "--
(a) an authority racially discriminates against a person if he acts, or fails to act, in relation to that other person in a way which is unlawful by virtue of section 19B of the Race Relations Act 1976; and
(b)".
. In section 2A(3) of that Act, after "the proceedings," there is inserted "racially discriminated against the appellant or".
. In section 2A(5) of that Act--
(a) after "concerned" there is inserted "--
"(a) racially discriminated against the appellant; or
(b)"; and.
(b) for "that ground" there is substituted "the ground in question".
. In the side note to section 2A of that Act, after "Jurisdiction:" there is inserted "racial discrimination and".").
49Page 13, line 34, at end insert--
(" . In section 5 of that Act (procedure in relation to jurisdiction under section 2 of that Act etc.)--
(a) in subsection (1)(a) after "2" there is inserted "or 2A";
(b) in subsection (1)(b) for "that section" there is substituted "section 2 or 2A above"; and
(c) in subsection (2) after "2" there is inserted "or 2A".").
50Page 13, line 34, at end insert--
(" . In Schedule 2 to that Act (appeals: supplementary)--
(a) in paragraph 4 after "2" there is inserted "or 2A"; and
(b) in paragraphs 6 and 7 after "2" there is inserted "and 2A".").
51Page 13, line 34, at end insert--
. In paragraph 8(b) of Schedule 4 to the School Standards and Framework Act 1998 (school organisation committees to have regard to certain obligations owed by local education authorities and governing bodies under the Race Relations Act 1976) after "Part III" there shall be inserted "or section 71".
. In paragraph 6(b) of Schedule 5 to the Act of 1998 (adjudicators to have regard to certain obligations owed by local education authorities and governing bodies under the Race Relations Act 1976) after "Part III" there shall be inserted "or section 71".").
52Page 13, line 38, leave out ("him") and insert ("the appellant").
53Page 13, line 45, at end insert--
(" . In section 72(2)(a) of that Act (miscellaneous limitations on rights of appeal), after "rights" there is inserted "or racially discriminated against him".").
54Page 13, line 45, at end insert--
(" . In section 73(2) of that Act (limitation on further appeals), after "a claim that" there is inserted "in taking a decision, a decision-maker racially discriminated against the appellant or that".
. In section 74(7) of that Act (duty to disclose grounds for appeal etc.), after paragraph (a) there is inserted--
"(aa) if he claims that he was racially discriminated against, include notice of that claim;".
. In section 76(3)(a) of that Act (result of failure to give statement of additional grounds for appeal), for "breached the applicant's" there is substituted "racially discriminated against the applicant or breached his".").
55Page 13, line 45, at end insert--
(" . In Schedule 4 to that Act (appeals), in paragraph 9(2) for the words "that the claim is one to which this paragraph applies" there is substituted "with the opinion expressed in the Secretary of State's certificate".
. In that Schedule to that Act, after paragraph 9 there is inserted--
"Racial discrimination
9A.--(1) This paragraph applies to an appeal under Part IV of this Act by a person who claims that he has been racially discriminated against, if the Secretary of State has certified that, in his opinion, the claim is manifestly unfounded.
(2) If, on an appeal to which this paragraph applies, the adjudicator agrees with the opinion expressed in the Secretary of State's certificate, paragraph 22 does not confer on the appellant any right to appeal to the Immigration Appeal Tribunal." ").
56Schedule 3, page 14, line 4, column 3, at end insert--
| ("Section 19. | ||
| Section 19ZA. | ||
| In section 57(5), the words from "and" to the end of the subsection. | ||
| Section 58(6). | ||
| In section 68, subsection (2)(b) and the word "or" immediately preceding it and, in subsection (3), the words "or, as the case may be, eight" and "or (b)".") |
57Page 14, line 8, at end insert--
| ("1980 c. 44. | Education (Scotland) Act 1980. | In Schedule 4, paragraph 14.") |
58Page 14, line 8, at end insert--
| ("1985 c. 51. | Local Government Act 1985. | In Schedule 13, paragraph 13(h). |
| In Schedule 14, paragraph 54. | ||
| 1985 c. 69. | Housing Associations Act 1985. | Section 75(5). |
| 1988 c. 4. | Norfolk and Suffolk Broads Act 1988. | In Schedule 6, paragraph 16. |
| 1988 c. 9. | Local Government Act 1988. | Section 18(7A). |
| 1988 c. 40. | Education Reform Act 1988. | In Schedule 12, paragraphs 19 and 79. |
| 1988 c. 43. | Housing (Scotland) Act 1988. | Section 2(11). |
| 1988 c. 50. | Housing Act 1988. | Sections 56 and 63(5). |
| 1989 c. 39. | Self-Governing Schools etc. (Scotland) Act 1989. | In Schedule 10, paragraph 6(3). |
| 1992 c. 13. | Further and Higher Education Act 1992. | In Schedule 8, paragraph 88. |
| 1992 c. 37. | Further and Higher Education (Scotland) Act 1992. | In Schedule 9, paragraph 5(4). |
| 1994 c. 19. | Local Government (Wales) Act 1994. | In Schedule 13, paragraph 20(g). |
| 1994 c. 29. | Police and Magistrates' Courts Act 1994. | In Schedule 4, paragraph 51. |
| 1994 c. 30. | Education Act 1994. | In Schedule 2, paragraph 6(4). |
| 1994 c. 39. | Local Government etc. (Scotland) Act 1994. | In Schedule 13, paragraph 108. |
| 1995 c. 25. | Environment Act 1995. | In Schedule 8, paragraph 8(4). |
| In Schedule 10, paragraph 15(2).") |
59Page 14, line 9, column 3, leave out ("paragraph") and insert ("paragraphs 1(2)(l) and").
60Page 14, line 9, at end insert--
| ("1996 c. 56. | Education Act 1996. | In Schedule 37, paragraph 42 and, in paragraph 117(4), paragraph (b) and the word "and" immediately preceding it.") |
61Page 14, line 10, column 3, leave out ("paragraph 35") and insert ("paragraphs 35 and 36").62
62Page 14, line 10, at end insert--
| ("1998 c. 38. | Government of Wales Act 1998. | In Schedule 16, paragraph 30.") |
63Page 14, line 12, column 3, at end insert--
| ("1999 c. 29. | Greater London Authority Act 1999. | Section 391.") |
64Page 14, line 12, column 3, at end insert--
| ("2000 c. 21. | Learning and Skills Act 2000. | In Schedule 9, paragraph 10.") |
Lord Bassam of Brighton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 27 to 64.
Moved, That the House do agree with the Commons in their Amendments Nos. 27 to 64.--(Lord Bassam of Brighton.)
On Question, Motion agreed to.
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