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

 

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86     Actions for breach of statutory duty

(1)    Any contravention of section 80 is actionable by any person who, in consequence, suffers loss or damage.
(2)    The amount recoverable in any such action is not to exceed any expenditure reasonably incurred by that person before the date of the contravention in question.

CHAPTER 5

SUPPLEMENTAL

87     Tribunal references made out of time

(1)    Any tribunal or court to which a reference may be made under this Act may consider a reference which is out of time if it is satisfied that it is just and equitable in the circumstances of the case to do so.
(2)    But subsection (1) does not permit a tribunal or court to decide to consider a claim if a decision not to consider that claim has previously been taken under that subsection.

PART 6

MISCELLANEOUS AND SUPPLEMENTAL

88     Interpretation

(1)    In this Act—
  “Central Arbitration Committee” has the same meaning as it has in the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52);
  “Commission” has the meaning given in section 4;
  “Community law” means—
(a)    all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties; and
(b)    all the remedies and procedures from time to time provided for by or under the community Treaties;
  “disabled person” has the meaning given in section 4;
  “employment field” has the meaning given in paragraph 10 of Schedule 2;
  “the European Convention on Human Rights” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;
  “man” has the meaning given in section 4;
  “Minister of the Crown” has the same meaning as it has in the Ministers of the Crown Act 1975 (c. 26);
  “occupation” includes any trade or business;
  “parent”—
(a)    in relation to England and Wales, has the meaning given in section 576 of the Education Act 1996 (c. 56);
(b)    in relation to Scotland, has the meaning given in section 135(1) of the Education Act 1980 (c. 44);
  “police cadet” means any person appointed to undergo training with a view to becoming a constable;
  “premises” includes land of any description;
  “prescribed” means prescribed in regulations made by the Secretary of State;
  “prohibited grounds” has the meaning given in section 4;
  “racial group” has the meaning given in section 4;
  “regulations” means regulations made by the Secretary of State;
  “religion or belief” has the meaning given in section 4;
  “sexual orientation” has the meaning given in section 4;
  “training” includes any form of education or instruction; and
  “tribunal” (except in relation to the Special Educational Needs and Disability Tribunal) has the meaning given in section 48;
  “women” has the meaning given in section 4.
(2)    For the purposes of this Act, a body corporate (“BC”) is to be taken to be controlled by a person (“A”) if A has—
(a)    by means of the holding of shares or the possession of voting power in (or in relation to) BC or any other body corporate; or
(b)    by virtue of any powers conferred by the articles of association or other document regulating BC or any other body corporate;
  the power to secure that the affairs of BC are conducted in accordance with the wishes of A.

89     Application to Crown

(1)    This Act binds the Crown.
(2)    In the application of Part 2 to—
(a)    service for purposes of a Minister of the Crown or government department, other than a person holding statutory office; or
(b)    service on behalf of the Crown for purposes of a person holding statutory office or purposes of a statutory body; or
(c)    service in the armed forces;
  “references a contract of employment” are to be taken to include references to the terms of service.
(3)    Parts 2 to 4 of the Crown Proceedings Act 1947 apply to proceedings against the Crown under this Act as they apply to proceedings in England and Wales which, by virtue of section 23 of that Act, are treated for the purposes of Part 2 of that Act as civil proceedings by or against the Crown; except that in their application to proceedings under this Act, section 20 of that Act (removal of proceedings from county court to High Court) does not apply.
(4)    The provisions of Part 5 of the Crown Proceedings Act 1947 apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which by virtue of that Part of that Act are treated as civil proceedings by or against the Crown; except that in their application to proceedings under this Act, the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) does not apply.
(5)    Nothing in this Act is to be taken as in any way affecting Her Majesty in her private capacity.
(6)    In this section—
(a)    “statutory body” means a body set up by or in pursuance of an enactment, and “statutory office” means an office so set up;
(b)    “service for purposes” of a Minister of the Crown or government department does not include service in any office in Schedule 2 (Ministerial Offices) to the House of Commons Disqualification Act 1975 as for the time being in force;
(c)    subsection (5) is to be construed as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

90     Application to Parliament

(1)    This Act applies to an act done by or for the purposes of the House of Lords or the House of Commons as it applies to an act done by a private person.
(2)    In the application of Parts 2 and 3 in relation to the House of Commons, the Corporate Officer of that House is to be treated as the employer of a person who is or would be a relevant member of the House of Commons staff for the purpose of section 195 of the Employment Rights Act 1996 (c. 18).
(3)    Except as provided in subsection (4), the provider of services for the purposes of section 6(1)(d) is—
(a)    as respects the House of Lords, the Corporate Officer of that House;
(b)    as respects the House of Commons, the Corporate Officer of that House.
(4)    Where the service in question is access to and use of any place in the Palace of Westminster which members of the public are permitted to enter, the Corporate Officers of both Houses jointly are the provider of that service.
(5)    Nothing in any rule of law or the law or practice of Parliament prevents proceedings being instituted before a tribunal in accordance with the provisions of this Act.

91     Payments out of the police fund

(1)    The following payments are to be made out of the police fund—
(a)    any compensation, costs or expenses awarded against a chief officer of police in any proceedings under Part 5 and any costs or expenses incurred by him in any such proceedings so far as not covered by him in the proceedings;
(b)    any sum required by a chief officer of police for the settlement of any claim made against him under section 7, 61 or 72 if the settlement is approved by the police authority.
(2)    Any proceedings under Part 5 which, by virtue of section 19, would lie against the chief officer of police are to be brought against—
(a)    the chief officer of police for the time being; or
(b)    in the case of a vacancy in that office, against the person for the time being performing the functions of that office;
    and references in subsection (1) to the chief officer of police are to be construed accordingly.
(3)    A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund—
(a)    any damages or costs awarded in proceedings under Part 5 against a person under the direction and control of the chief officer of police;
(b)    any costs incurred and not recovered by such a person in such proceedings; and
(c)    any sum required in connection with the settlement of a claim that has (or might have) given rise to such proceedings.
(4)    Subsections (1) to (3) apply in relation to the National Criminal Intelligence Service (“NCIS”) and the National Crime Squad (“the NCS”) as they apply in relation to a police force but as if any reference—
(a)    to the chief officer of police were to the Director General of NCIS or the NCS (as the case may be);
(b)    to the police authority were to the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Criminal Squad (as the case may be);
(c)    to the police fund were to the service fund established under section 16 of the Police Act 1997 (c. 50) (NCIS service fund) or section 61 of that Act (the NCS service fund) (as the case may be).
(5)    Subsections (1) to (3) also apply in relation to any other body of constables or police cadets as it applies in relation to a police force, but as if any reference—
(a)    to the chief officer of police were to the officer or other person who has the direction or control of the body in question;
(b)    to the police authority were to the authority by whom the members of the body are paid;
(c)    to the police fund were to money provided by that authority.
(6)    If a payment falls to be made out of the police fund in connection with a claim relating to the protected area of activity specified in section 6(1)(b), “police fund”—
(a)    in relation to a chief officer of police, has the same meaning as it has as in—
(i)    for England and Wales, the Police Act 1996 (c. 16);
(ii)    for Scotland, the Police Scotland Act 1967 (c. 77); and
(b)    in any other case, means money provided by the police authority.
(7)    In this section—
  “chief officer of police”—
(a)    in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as it has in the Police Act;
(b)    in relation to any other person or appointment, means the officer who has the direction and control of the body of constables or cadets in question;
  “police authority”—
(a)    means in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as it has in the Police Act;
(b)    in relation to any other person or appointment, means the authority by whom the person in question is (or on appointment would be) paid; and
  “the Police Act” means, for England and Wales, the Police Act 1996 or, for Scotland, the Police (Scotland) Act 1967.

92     Repeals and consequential and transitional provision

(1)    The enactments set out in Schedule 8 are repealed.
(2)    The Secretary of State may by order make such incidental, consequential, or supplemental provision as he considers necessary for the purposes of this Act.
(3)    The Secretary of State may by order make such transitional provision as he considers necessary for the purposes of this Act.
(4)    An order under subsection (3) may, in particular—
(a)    make savings from the effect of any repeal made by this Act;
(b)    make provision for the transfer of any property, rights or liabilities held, enjoyed or incurred by any person in connection with any body (“relevant body”) which ceases to exist by virtue of section 38 or an order made under it;
(c)    for the carrying on and completion by or under the authority of the Commission of any proceedings, investigations or other matters commenced, before the date on which a relevant body ceased to exist, by or under the authority of the body in question;
(d)    amending any enactment which makes provision with respect to a relevant body;
(e)    for the substitution of the Commission in any instrument, contract or legal proceedings made or begun before the relevant body ceased to exist.

93     Regulations and orders

(1)    Any power to make an order, regulations or rules which is exercisable by virtue of this Act is exercisable by statutory instrument.
(2)    Any statutory instrument made under this Act—
(a)    may make in any enactment such adaptations, amendments or repeals as the person making it considers appropriate in consequence of this Act or any provision made under it;
(b)    may make different provision for different cases or classes of case (including different provision for different areas or localities);
(c)    may make different provision for different purposes.
(3)    No order may be made under section 25 or 28 unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(4)    Any other statutory instrument made under this Act, other than one made under section 94(4), is subject to annulment in pursuance of a resolution of either House of Parliament.

94     Short title, commencement and extent

(1)    This Act may be cited as the Equality Act 2003.
(2)    This Act does not extend to Northern Ireland.
(3)    This section and section 93 come into force on the day this Act is passed.
(4)    The other provisions of this Act come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different purposes.
 

 
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