Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 9 — Enforcement
Chapter 2 — Civil courts
73

(b)
Part 5 of the Nationality, Immigration and Asylum Act 2002 (c. 41).
(6)
A relevant decision is—
(a)
a decision under the Immigration Acts relating to the entitlement of a
person to enter or remain in the United Kingdom;
(b)
a decision on an appeal under the immigration provisions relating to a
5
decision within paragraph (a).
(7)
An appeal is pending if it is pending for the purposes of section 104 of the
Nationality, Immigration and Asylum Act 2002 or (as the case may be) for the
purposes of that section as it is applied by section 2(2)(j) of the Special
Immigration Appeals Commission Act 1997 (c. 68).
10
115
Education cases
(1)
A claim is within this section if it may be made to—
(a)
the First-tier Tribunal in accordance with Part 2 of Schedule 17,
(b)
the Special Educational Needs Tribunal for Wales in accordance with
Part 2 of that Schedule, or
15
(c)
an Additional Support Needs Tribunal for Scotland in accordance with
Part 3 of that Schedule.
(2)
A claim is also within this section if it must be made in accordance with appeal
arrangements within the meaning of Part 4 of that Schedule.
(3)
Schedule 17 (disabled pupils: enforcement) has effect.
20
116
National security
(1)
Rules of court may, in relation to proceedings on a claim within section 113,
confer power as mentioned in subsections (2) to (4); but a power so conferred
is exercisable only if the court thinks it expedient to do so in the interests of
national security.
25
(2)
The rules may confer power to exclude from all or part of the proceedings—
(a)
the claimant or pursuer;
(b)
a representative of the claimant or pursuer;
(c)
an assessor.
(3)
The rules may confer power to permit a claimant, pursuer or representative
30
who has been excluded to make a statement to the court before the
commencement of the proceedings, or part of the proceedings, to which the
exclusion relates.
(4)
The rules may confer power to take steps to keep secret all or part of the
reasons for the court’s decision.
35
(5)
The Attorney General or, in Scotland, the Advocate General for Scotland may
appoint a person to represent the interests of a claimant or pursuer in, or in any
part of, proceedings to which an exclusion by virtue of subsection (2)(a) or (b)
relates.
(6)
A person (P) may be appointed under subsection (5) only if—
40
(a)
in relation to proceedings in England and Wales, P is a person who, for
the purposes of the Legal Services Act 2007, is an authorised person in

Equality Bill
Part 9 — Enforcement
Chapter 2 — Civil courts
74

relation to an activity which constitutes the exercise of a right of
audience or the conduct of litigation;
(b)
in relation to proceedings in Scotland, P is an advocate or qualified to
practice as a solicitor in Scotland.
(7)
P is not responsible to the person whose interests P is appointed to represent.
5
117
Time limits
(1)
Proceedings on a claim within section 113 may not be brought after the end
of—
(a)
the period of 6 months starting with the date of the act to which the
claim relates, or
10
(b)
such other period as the county court or sheriff thinks just and
equitable.
(2)
If subsection (3) or (4) applies, subsection (1)(a) has effect as if for “6 months”
there were substituted “9 months”.
(3)
This subsection applies if—
15
(a)
the claim relates to the act of a qualifying institution, and
(b)
a complaint relating to the act is referred under the student complaints
scheme before the end of the period of 6 months starting with the date
of the act.
(4)
This subsection applies if—
20
(a)
the claim relates to a dispute referred for conciliation in pursuance of
arrangements under section 27 of the Equality Act 2006 (c. 3), and
(b)
subsection (3) does not apply.
(5)
If it has been decided under the immigration provisions that the act of an
immigration authority in taking a relevant decision is a contravention of Part 3
25
(services and public functions), subsection (1) has effect as if for paragraph (a)
there were substituted—
“(a)
the period of 6 months starting with the day after the expiry of
the period during which, as a result of section 113(2),
proceedings could not be brought in reliance on section
30
113(1)(a);”.
(6)
For the purposes of this section—
(a)
conduct extending over a period is to be treated as done at the end of
the period;
(b)
failure to do a thing is to be treated as occurring when the person in
35
question decided on it.
(7)
In the absence of evidence to the contrary, a person (P) is to be taken to decide
on failure to do a thing—
(a)
when P does an act inconsistent with doing the thing, or
(b)
if P does no inconsistent act, on the expiry of the period in which P
40
might reasonably have been expected to do the thing.
(8)
In this section—
“immigration authority”, “immigration provisions” and “relevant
decision” each have the meaning given in section 114;

Equality Bill
Part 9 — Enforcement
Chapter 3 — Employment tribunals
75

“qualifying institution” has the meaning given in section 11 of the Higher
Education Act 2004 (c. 8);
“the student complaints scheme” means a scheme for the review of
qualifying complaints (within the meaning of section 12 of that Act)
that is provided by the designated operator (within the meaning of
5
section 13(5)(b) of that Act).
118
Remedies
(1)
This section applies if a county court or the sheriff finds that there has been a
contravention of a provision referred to in section 113(1).
(2)
The county court has power to grant any remedy which could be granted by
10
the High Court—
(a)
in proceedings in tort;
(b)
on a claim for judicial review.
(3)
The sheriff has power to make any order which could be made by the Court of
Session—
15
(a)
in proceedings for reparation;
(b)
on a petition for judicial review.
(4)
An award of damages may include compensation for injured feelings (whether
or not it includes compensation on any other basis).
(5)
Subsection (6) applies if the county court or sheriff—
20
(a)
finds that a contravention of a provision referred to in section 113(1) is
established by virtue of section 19, but
(b)
is satisfied that the provision, criterion or practice was not applied with
the intention of discriminating against the claimant or pursuer.
(6)
The county court or sheriff must not make an award of damages unless it first
25
considers whether to make any other disposal.
(7)
The county court or sheriff must not grant a remedy other than an award of
damages or the making of a declaration unless satisfied that no criminal matter
would be prejudiced by doing so.
Chapter 3
30
Employment tribunals
119
Jurisdiction
(1)
An employment tribunal has, subject to section 120, jurisdiction to determine a
complaint relating to—
(a)
a contravention of Part 5 (work);
35
(b)
a contravention of section 107, 110 or 111 that relates to Part 5.
(2)
An employment tribunal has jurisdiction to determine an application by a
responsible person (as defined by section 61) for a declaration as to the rights
of that person and a worker in relation to a dispute about the effect of a non-
discrimination rule.
40

Equality Bill
Part 9 — Enforcement
Chapter 3 — Employment tribunals
76

(3)
An employment tribunal also has jurisdiction to determine an application by
the trustees or managers of an occupational pension scheme for a declaration
as to their rights and those of a member in relation to a dispute about the effect
of a non-discrimination rule.
(4)
An employment tribunal also has jurisdiction to determine a question that—
5
(a)
relates to a non-discrimination rule, and
(b)
is referred to the tribunal by virtue of section 121.
(5)
In proceedings before an employment tribunal on a complaint relating to a
breach of a non-discrimination rule, the employer—
(a)
is to be treated as a party, and
10
(b)
is accordingly entitled to appear and be heard.
(6)
Nothing in this section affects such jurisdiction as the High Court, a county
court, the Court of Session or the sheriff has in relation to a non-discrimination
rule.
(7)
Subsection (1)(a) does not apply to a contravention of section 53 in so far as the
15
act complained of may, by virtue of an enactment, be subject to an appeal or
proceedings in the nature of an appeal.
(8)
In subsection (1), the references to Part 5 do not include a reference to section
60(1).
120
Jurisdiction in armed forces cases
20
(1)
Section 119(1) does not apply to a complaint relating to an act done when the
complainant was serving as a member of the armed forces unless—
(a)
the complainant has made a service complaint about the matter, and
(b)
the complaint has not been withdrawn.
(2)
If the complaint is made under the service complaint procedures, it is to be
25
treated for the purposes of subsection (1)(b) as withdrawn if—
(a)
neither the officer to whom it is made nor a superior officer refers it to
the Defence Council, and
(b)
the complainant does not apply for it to be referred to the Defence
Council.
30
(3)
If the complaint is made under the old service redress procedures, it is to be
treated for the purposes of subsection (1)(b) as withdrawn if the complainant
does not submit it to the Defence Council under those procedures.
(4)
The reference in subsection (3) to the old service redress procedures is a
reference to the procedures (other than those relating to the making of a report
35
on a complaint to Her Majesty) referred to in—
(a)
section 180 of the Army Act 1955,
(b)
section 180 of the Air Force Act 1955, or
(c)
section 130 of the Naval Discipline Act 1957.
(5)
The making of a complaint to an employment tribunal in reliance on subsection
40
(1) does not affect the continuation of the service complaint procedures or (as
the case may be) the old service redress procedures.