Race Relations (Amendment) Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 3
 
15     Page 5, line 30, after second ("officer") insert ("or other person") 
  
Clause 4
 
16     Page 6, line 15, leave out ("or") 
17     Page 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;")
 
18     Page 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."")
 
19     Page 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") 
  
Clause 5
 
20     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;
1997 c. 68.
  
    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."  ")
1999 c. 33.
  
Clause 9
 
21     Page 9, line 5, leave out ("Schedules 1") and insert ("Schedules (Bodies and other persons subject to general statutory duty)") 
22     Page 9, line 10, after ("such") insert ("transitory,") 
23     Page 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.")
 
24     Page 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.")
 
25     Page 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.")
 
26     Page 9, line 14, leave out subsection (5). 
  
Schedule 1
 
27     Page 10, line 2, leave out Schedule 1 
  
After Schedule 1
 
28     Insert the following new Schedule-- 
 ("SCHEDULE 
 BODIES AND OTHER PERSONS SUBJECT TO GENERAL STATUTORY DUTY> 
     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.
1998 c. 46.
 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.
1998 c. 38.
 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.
1977 c. 49.
 
        8.  A National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990.
1990 c. 29.
 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.
1978 c. 29.
 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.
1972 c. 70.
 
        13.  A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
1994 c. 39.
 
        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.
1973 c. 65.
 
        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.
1972 c. 70.
 
        21.  A fire authority constituted by a combination scheme under section 5 or 6 of the Fire Services Act 1947.
1947 c. 41.
 
        22.  A waste disposal authority established by virtue of an order under section 10(1) of the Local Government Act 1985.
1985 c. 51.
 
        23.  A water or sewerage authority constituted under section 62 of the Local Government etc. (Scotland) Act 1994.
1994 c. 39.
 
        24.  A port health authority constituted by an order under section 2 of the Public Health (Control of Disease) Act 1984.
1984 c. 22.
 
        25.  A licensing planning committee constituted under section 119 of the Licensing Act 1964.
1964 c. 66.
 
        26.  A licensing board constituted under section 1 of the Licensing (Scotland) Act 1976.
1976 c. 66.
 
        27.  An internal drainage board which is continued in being by virtue of section 1 of the Land Drainage Act 1991.
1991 c. 59.
 
        28.  A probation committee constituted under section 3 of the Probation Service Act 1993.
1993 c. 47.
 
        29.  A joint authority established under Part IV of the Local Government Act 1985 (fire services, civil defence and transport).
1985 c. 51.
 
        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.
1973 c. 65.
 
        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.).
1985 c. 51.
 
        33.  A body corporate established pursuant to an order under section 22 of the Local Government Act 1992 (residuary bodies).
1992 c. 19.
 
        34.  The Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 1988.
1988 c. 4.
 
        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.
1972 c. 70.
 
        37.  A joint authority established under section 21 of the Local Government Act 1992.
1992 c. 19.
 
        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.
1968 c. 73.
 
        41.  A regional development agency established under the Regional Development Agencies Act 1998 (other than the London Development Agency).
1998 c. 45.
 
        42.  Scottish Enterprise and Highland and Islands Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990.
1990 c. 35.
 
        43.  A National Park authority established by an order under section 63 of the Environment Act 1995.
1995 c. 25.
 
        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.
1990 c. 8.
 
        45.  A magistrates' courts committee established under section 27 of the Justices of the Peace Act 1997.
1997 c. 25.
 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).
1992 c. 13.
 
        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).
1980 c. 44.
 
        49.  The board of management of a self-governing school (within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989).
1989 c. 39.
 
        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).
1992. c. 37.
 
        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).
1992. c. 37.
 Other housing bodies 
 
        52.  The Housing Corporation.
        53.  Scottish Homes.
 
 
        54.  A housing action trust established under Part III of the Housing Act 1988.
1988 c. 50.
 Police 
 
        55.  A police authority established under section 3 of the Police Act 1996.
1996 c. 16.
 
        56.  A police authority established under section 2 of the Police (Scotland) Act 1967.
1967 c. 77.
 
        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."  ")
1996 c. 16.
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 1 November 2000