Equality Bill [HL]—continued
Part 5—continued
        House of Lords

 

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77     Enforcement of tribunal orders

(1)    This section applies where a tribunal makes an order under any of the preceding provisions of this Part.
(2)    An application to the tribunal for a further order may be made—
(a)    by the Commission;
(b)    by the relevant person (within the meaning of section 64(1) or 70(1), as the case may be); or
(c)    if different, by the person who initiated the proceedings which resulted in the order.
(3)    An application under this section may not be made—
(a)    before the end of such period as may be specified in the order; or
(b)    if no period is specified, before the end of a period of 56 days commencing with the date on which the order was made.
(4)    If the tribunal determines that any person—
(a)    has failed to comply, to the satisfaction of the tribunal, with any term included in an order; or
(b)    has failed to comply with a requirement to attend before the tribunal which was included in an order under section 60;
    the President or Regional Chairman of the tribunal may certify the failure in question in writing to the High Court or the Court of Session.
(5)    Where a failure has been certified under subsection (4)—
(a)    the High Court has, in relation to the enforcement of the tribunal's order, the same power as if the order had originally been made in the High Court;
(b)    the Court of Session has, in relation to the enforcement of the tribunal's order, the same power as if the order had originally been made in the Court of Session.

Disqualification

78     Meaning of persons in default and linked persons

(1)    For the purposes of this Chapter, a person is in default if—
(a)    he has failed to comply with any terms of a relevant order;
(b)    that order contains on its face—
(i)    an indication that it was made in relation to any act of the person in default which amounts to a persistent contravention; or
(ii)    an indication that, in making the order, the tribunal was of the view that the act or acts to which the order relates constituted grave misconduct (whether that indication is an award of punitive damages under section 65(3) or 71(3) or takes some other form); and
(c)    in respect of the failure to comply with an order of a tribunal, the High Court or the Court of Session has exercised the jurisdiction conferred on it by virtue of section 77(5).
(2)    In subsection (1)—
  “persistent contravention” has the meaning given in section 66(2); and
  “relevant order” means an order made by a tribunal or court (as the case may be)—
(a)    on a complaint made under section 7;
(b)    on an application made under section 60;
(c)    on an application made under section 61; or
(d)    on an application under section 72.
(3)    References in this Chapter to a person linked to a person (“A”) who is in default are references to—
(a)    any body corporate controlled by A;
(b)    if A is a body corporate, any associated body corporate (within the meaning of subsection (4)); and
(c)    any person connected with A (within the meaning of subsection (5)).
(4)    Two bodies corporate are associated if one of them is the parent undertaking of the other or if both of them are subsidiary undertakings of another body corporate.
(5)    A person is connected with A if—
(a)    where A is a body corporate, that person is a director or officer of A;
(b)    where A is an individual, that person is—
(i)    A's spouse;
(ii)    a person (whether or not of the opposite sex) whose relationship with A is that of an unmarried partner in a stable relationship;
(iii)    A's parent, brother, sister, child, grandparent or grandchild;
(iv)    the spouse of a person falling within sub-paragraph (iii), or
(v)    a person (whether or not of the opposite sex) whose relationship with a person falling within sub-paragraph (iii) is that of an unmarried partner in a stable relationship.
(6)    In subsection (4) “parent undertaking” and “subsidiary undertaking” have the same meaning as in Part 7 of the Companies Act 1985 (c. 6).

79     Power to disqualify from government contracts

(1)    Where a person is in default, the Commission may give a notice (“disqualification notice”) to a person who is in default stating that that person is not qualified for the purposes of sections 80 and 81.
(2)    Where a disqualification notice (which has not been cancelled) has been given under subsection (1), the Commission may also give notice to a person linked to the person in default stating that the linked person is not qualified for the purposes of sections 80 and 81.
(3)    Any person to whom a disqualification notice (which has not been cancelled) has been given under this section is referred to in this Chapter as an unqualified person.
(4)    No disqualification notice may be given to a linked person if it appears to the Commission—
(a)    that it is unlikely that the linked person will execute any work or supply any goods or services for the purposes of any contract specified in section 80(2)(a) or (b); or
(b)    that, if the linked person executes any work or supplies any goods or services for the purposes of any such contract, it is unlikely that the person in default will benefit (whether directly or indirectly).
(5)    No action lies in respect of any loss or damage that may be suffered in consequence of a disqualification notice, a purported disqualification notice or any failure to give such a notice.
(6)    In this section, section 80 and section 85 “public body” means any person specified by order under section 25.

80     Restriction on execution of works

(1)    A public body must not enter into any contract to which subsection (3) or (4) applies.
(2)    Where a public body enters into any contract—
(a)    which is made by the public body accepting an offer made by any person (being an offer made in response to an invitation by the public body to submit offers); or
(b)    which falls within a class or a description for the time being specified in an order made under subsection (4);
    the authority must take all reasonable steps to secure that no work is executed or goods or services supplied for the purposes of the contract by an unqualified person.
(3)    This subsection applies to a contract made by a public body accepting an offer to execute any work or supply any goods or services, where the offer—
(a)    is made by an unqualified person; and
(b)    is made in response to an invitation by the public body to submit offers.
(4)    This subsection applies to a contract falling within a class or a description for the time being specified in an order made by the Secretary of State, where work is to be executed or goods or services supplied by any unqualified person.
(5)    An order under subsection (4) may frame any class or description of contract by reference to—
(a)    any work to be executed or goods or services to be supplied under the contract;
(b)    any amounts to be paid under or in connection with the contract;
(c)    any terms of the contract;
(d)    any surrounding circumstances; or
(e)    such other factors as the Secretary of State considers appropriate.
(6)    Nothing in this section affects the validity of any contract.
(7)    If the Secretary of State certifies in writing that it is necessary or desirable for the purpose of safeguarding national security or protecting public safety or public order, this section does not apply—
(a)    to the execution of any work by any person; or
(b)    in the provision of any goods or services by any person.

81     Denial of financial assistance

(1)    Any person responsible for giving financial assistance to which subsection (2) applies—
(a)    may refuse to give such assistance to any unqualified person; or
(b)    may, where such assistance has been given to any unqualified person, or an agreement has been made to give it, refuse or cease to make any payments to him by way of assistance.
(2)    This subsection applies to any financial assistance (by way of grant or otherwise) which may be given at the discretion of the person responsible for giving it, if the moneys required for giving the assistance are payable out of the Consolidated Fund.

Disqualification: supplementary provisions

82     Disqualification notices: procedure

(1)    If the Commission proposes to give any person a disqualification notice, it must give that person—
(a)    a draft copy of the disqualification notice; and
(b)    a written statement giving reasons for the notice and specifying a reasonable period within which that person may make representations to the Commission.
(2)    The period mentioned in subsection (1)(b) may not be less than 28 days and not more than 56 days.
(3)    The Commission—
(a)    must consider any written or oral representations made to it by the person to whom it gives a statement under subsection (1)(b);
(b)    must consider any written representations made to it by any other person who appears to the Commission to have a direct interest by the matter; and
(c)    may invite any person to make written or oral representations to it.
(4)    If the Commission decides to give any person a disqualification notice (whether in its original form or with amendments), it must give that person written notice of its decision.
(5)    The Commission must take all such steps as it considers reasonable to bring to the attention of public authorities and other interested persons the fact that a disqualification notice has been given to any person.

83     Disqualification notices: cancellation

(1)    The Commission must cancel—
(a)    a disqualification notice given to a person in default; and
(b)    any disqualification notice given to a person linked to him;
    if it is satisfied that the person in default is complying, or has fully complied, with the original tribunal order to which the default relates and in respect of which the disqualification notice was given.
(2)    Where a disqualification notice was given to a linked person, the Commission is also under an obligation to give a cancellation notice if it appears to it that section 79(4)(a) or (b) is satisfied (and for the purposes of making this assessment, the effect of section 80(1) is to be disregarded).
(3)    Where it decides to cancel a disqualification notice it must give to any original recipient of it notice of the cancellation.
(4)    A person to whom a disqualification notice was given may apply at any time to have that notice cancelled.
(5)    But no such application may be made—
(a)    in the case of the person in default, before the end of the period of six months beginning with the date of the notice or, if he has previously applied under this subsection, the latest date on which he did so;
(b)    in the case of a linked person who has previously applied under this subsection, before the end of the period of six months beginning with the latest date on which he did so.
(6)    Where, on an application under subsection (4), the Commission refuses to cancel a disqualification notice it must give the applicant notice of its refusal.

84     Disqualification notices: appeals

(1)    A person to whom a disqualification notice is given may appeal to the tribunal.
(2)    A person to whom notice of a refusal to cancel is given under section 83(6) may appeal to the tribunal.
(3)    A notice falling within subsection (1) or (2) must inform the person to whom it is given of his right to appeal and must include an indication of the procedure on such an appeal.
(4)    An appeal under this section must be made before the end of the period of 21 days beginning with the date on which the notice in question is given.
(5)    On an appeal under this section, the tribunal must direct that the notice in question be cancelled if it is satisfied that the requirements of section 83(1) or (2) are satisfied.

85     Disqualification notices: enforcement

(1)    The Commission may make an application for an order under subsection (2) if it appears to it—
(a)    that any public body has taken any action in contravention of section 80 or, in neglecting to take any action, has failed to comply with that section; and
(b)    that, unless an order is granted, the authority is likely again to contravene or fail to comply with that section.
(2)    An order under this subsection is an order restraining (or in Scotland an interdict prohibiting) the authority from contravening section 80 or, as the case may be, requiring it to comply with that section.
(3)    If it appears to the Commission that any public body proposes to take any action in contravention of section 80, the Commission may apply to the court for an order restraining (or in Scotland an interdict prohibiting) the contravention.
(4)    The jurisdiction conferred by this section is exercisable by the High Court and the Court of Session.
 

 
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