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Equality Bill [HL]


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

66

 

Schedule 2

Sections 17, 22 and 33

 

Inquiries, Investigations and Assessments

Introduction

1          

This Schedule applies to—

(a)   

inquiries under section 17,

5

(b)   

investigations under section 22, and

(c)   

assessments under section 33.

Terms of reference

2          

Before conducting an inquiry the Commission shall—

(a)   

publish the terms of reference of the inquiry in a manner that the

10

Commission thinks is likely to bring the inquiry to the attention of

persons whom it concerns or who are likely to be interested in it, and

(b)   

in particular, give notice of the terms of reference to any persons

specified in them.

3          

Before conducting an investigation the Commission shall—

15

(a)   

prepare terms of reference specifying the person to be investigated

and the nature of the unlawful act which the Commission suspects,

(b)   

give the person to be investigated notice of the proposed terms of

reference,

(c)   

give the person to be investigated an opportunity to make

20

representations about the proposed terms of reference,

(d)   

consider any representations made, and

(e)   

publish the terms of reference once settled.

4          

Before conducting an assessment of a person’s compliance with a duty the

Commission shall—

25

(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

30

(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          

Where the Secretary of State directs the holding of an inquiry, investigation

or assessment—

35

(a)   

he shall, after consulting the Commission, prepare the terms of

reference, and

(b)   

paragraph 3(a) to (d) or 4(a) to (d) shall apply to the Secretary of State

and not to the Commission.

Representations

40

7     (1)  

The Commission shall make arrangements for giving persons an

opportunity to make representations in relation to inquiries, investigations

and assessments.

 

 

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

67

 

      (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.

8          

Arrangements under paragraph 6 may (but need not) include arrangements

for oral representations.

5

9     (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

representations—

(a)   

made neither by nor on behalf of a person specified in the terms of

10

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.

      (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

15

the Commission’s decision and the reasons for it.

Evidence

10         

In the course of an inquiry, investigation or assessment the Commission may

give a notice under this paragraph to any person.

11    (1)  

A notice given to a person under paragraph 10 may require him—

20

(a)   

to provide information in his possession,

(b)   

to produce documents in his possession, or

(c)   

to give oral evidence.

      (2)  

A notice under paragraph 10 may include provision about—

(a)   

the form of information, documents or evidence;

25

(b)   

timing.

      (3)  

A notice under paragraph 10—

(a)   

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

30

(b)   

may not require a person to attend at a place unless the Commission

undertakes to pay the expenses of his journey.

12         

The recipient of a notice under paragraph 10 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—

35

(a)   

unnecessary having regard to the purpose of the inquiry,

investigation or assessment to which the notice relates,

(b)   

undesirable for reasons of national security, or

(c)   

otherwise unreasonable.

13    (1)  

Sub-paragraph (2) applies where the Commission thinks that a person—

40

(a)   

has failed without reasonable excuse to comply with a notice under

paragraph 10, or

(b)   

is likely to fail without reasonable excuse to comply with a notice

under paragraph 10.

 

 

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

68

 

      (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.

14    (1)  

A person commits an offence if without reasonable excuse he—

(a)   

fails to comply with a notice under paragraph 10 or an order under

5

paragraph 13(2),

(b)   

falsifies anything provided or produced in accordance with a notice

under paragraph 10 or an order under paragraph 13(2), or

(c)   

makes a false statement in giving oral evidence in accordance with a

notice under paragraph 10.

10

      (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.

Adjournment, &c.

15         

The Commission may abort or adjourn an inquiry, investigation or

assessment conducted in pursuance of a requirement of the Secretary of

15

State only with his consent.

Reports

16    (1)  

The Commission shall prepare a report of its findings on an inquiry,

investigation or assessment.

      (2)  

In the case of an inquiry, investigation or assessment directed by the

20

Secretary of State—

(a)   

the Commission shall send the report to the Secretary of State, and

(b)   

the Secretary of State shall publish it.

      (3)  

In any other case, the Commission shall publish the report.

Recommendations

25

17    (1)  

The Commission may make recommendations—

(a)   

as part of a report of an inquiry, investigation or assessment under

paragraph 16, or

(b)   

in respect of a matter arising in the course of an inquiry, investigation

or assessment.

30

      (2)  

A recommendation may be addressed to any class of person.

Effect of report

18    (1)  

A court or tribunal—

(a)   

may have regard to a finding of the report of an inquiry,

investigation or assessment, but

35

(b)   

shall not treat it as conclusive.

19         

A person to whom a recommendation in the report of an inquiry,

investigation or assessment is addressed shall have regard to it.

 

 

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

69

 

Courts and tribunals

20         

An inquiry, investigation or assessment may not question (whether

expressly or by necessary implication) the findings of a court or tribunal.

Schedule 3

Section 42

 

Amendments Consequential on Part 1

5

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)

2          

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments,

10

&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.

Superannuation Act 1972 (c. 11)

15

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

(c)   

the Equal Opportunities Commission.

20

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

the references to—

25

(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,

30

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.

35

 

 

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

70

 

      (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.

5

      (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)

10

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 22 to 26 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

15

brought only—

(a)   

by the Commission, and

(b)   

in accordance with section 27 of the Equality Act 2005.”

9          

At the end of section 39 (instructions to discriminate (which becomes

subsection (1))) add—

20

“(2)   

Proceedings in respect of a contravention of subsection (1) may be

brought only—

(a)   

by the Commission, and

(b)   

in accordance with section 27 of the Equality Act 2005.”

10         

At the end of section 40 (pressure to discriminate) add—

25

“(3)   

Proceedings in respect of a contravention of subsection (1) may be

brought only—

(a)   

by the Commission, and

(b)   

in accordance with section 27 of the Equality Act 2005.”

11         

Part VI (the Equal Opportunities Commission) shall cease to have effect.

30

12         

Sections 67 to 73 (enforcement) shall cease to have effect.

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.”

35

      (3)  

After subsection (2B) insert—

“(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 29 of the

Equality Act 2005 (unless the period is extended under subsection

40

(2A)).”

 

 

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

71

 

      (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 83 of this

Act) shall cease to have effect.

5

16         

Section 76E (codes of practice) (inserted by section 84 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)”.

10

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

15

(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”,

20

(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

25

(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.

30

22         

In section 28(3) (discriminatory practices), for “sections 58 to 62” substitute

“sections 22 to 26 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

brought only—

35

(a)   

by the Commission, and

(b)   

in accordance with section 27 of the Equality Act 2005.”

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

40

brought only—

(a)   

by the Commission, and

(b)   

in accordance with section 27 of the Equality Act 2005.”

 

 

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

72

 

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

(b)   

in accordance with section 27 of the Equality Act 2005.”

5

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.

29    (1)  

Section 68 (timing of proceedings) shall be amended as follows.

10

      (2)  

Subsection (3) shall cease to have effect.

      (3)  

In subsection (3A)—

(a)   

omit paragraph (c), and

(b)   

for “two months.” substitute “three months.”

      (4)  

After subsection (3B) insert—

15

“(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 29 of the Equality Act 2005

(unless it is extended under subsection (3A)).”

      (5)  

Subsections (4) and (5) shall cease to have effect.

20

      (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)

shall cease to have effect.

25

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

(c)   

subsection (5) shall cease to have effect.

30

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

35

(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”,

40

(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.

 

 

 
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