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

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Schedule 2
 
29     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." 
30     Page 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     Page 13, line 4, leave out ("the 1976 Act (extent of Part III)") and insert ("that Act") 
32     Page 13, line 10, leave out ("section 65") and insert ("the Special Immigration Appeals Commission Act 1997 or Part IV")1997 c. 68.
33     Page 13, line 15, after ("76(4)") insert ("or (5C) or by virtue of section 76(5D)(b) and (5E)") 
34     Page 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."  ")
 
35     Page 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)".")
 
36     Page 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"")
 
37     Page 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
1997 c. 68.
 
      (b)  Part IV of the Immigration and Asylum Act 1999."  ")
1999 c. 33.
38     Page 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.".")
 
39     Page 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)."  ")
 
40     Page 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."")
 
41     Page 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)".")
 
42     Page 13, line 18, leave out ("75(1)") and insert ("75(2)") 
43     Page 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).".")
 
44     Page 13, line 22, after ("Act") insert ("--
    (a)  for "and (2)" there is substituted "to (2B)"; and
    (b)")
 
45     Page 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;")
 
46     Page 13, line 29, leave out from ("under") to ("or") in line 31 and insert ("any of those Acts") 
47     Page 13, line 34, at end insert-- 
 ("Local Government Act 1988 (c.9) 
     .  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.")
 
48     Page 13, line 34, at end insert-- 
 ("Special Immigration Appeals Commission Act 1997 (c.68) 
     .  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".")
1976 c. 74.
49     Page 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".")
 
50     Page 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".")
 
51     Page 13, line 34, at end insert-- 
 ("School Standards and Framework Act 1998 (c.31) 
     .  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".1976 c. 74.
     .  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".")1976 c. 74.
52     Page 13, line 38, leave out ("him") and insert ("the appellant") 
53     Page 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".")
 
54     Page 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".")
 
55     Page 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."  ")
 
  
Schedule 3
 
56     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)".")
 
57     Page 14, line 8, at end insert-- 
 ("1980 c. 44. Education (Scotland) Act 1980. In Schedule 4, paragraph 14.") 
58     Page 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).") 
59     Page 14, line 9, column 3, leave out ("paragraph") and insert ("paragraphs 1(2)(l) and") 
60     Page 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.") 
61     Page 14, line 10, column 3, leave out ("paragraph 35") and insert ("paragraphs 35 and 36") 
62     Page 14, line 10, at end insert-- 
 ("1998 c. 38. Government of Wales Act 1998. In Schedule 16, paragraph 30.") 
63     Page 14, line 12, column 3, at end insert-- 
 ("1999 c. 29. Greater London Authority Act 1999. Section 391.") 
64     Page 14, line 12, column 3, at end insert-- 
 ("2000 c. 21. Learning and Skills Act 2000. In Schedule 9, paragraph 10.") 
 
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