Equality Bill [HL]—continued
        House of Lords

 

SCHEDULE 5

Section 45(4)

PROCEDURE FOR MAKING CODES OF PRACTICE

New codes of practice

1 (1) The Commission may not issue a code of practice under this Act unless—
(a)    a draft of it has been submitted to, and approved by, the Secretary of State and laid by him before both Houses of Parliament; and
(b)    the 40 day period has elapsed without either House resolving not to approve the draft.
(2)    “The 40 day period”, in relation to any draft code of practice, means—
(a)    if the draft is laid before one House of Parliament on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days;
(b)    in any other case, the period of 40 days beginning with the day on which the draft is laid before each House.
(3)    For the purposes of sub-paragraph (2), no account is to be taken of any period during which Parliament is dissolved or prorogued or during which either or both Houses are adjourned for more than 4 days.
2 (1) If it proposes to submit a draft code of practice under paragraph 1, the Commission must first invite representations to be made to it about the draft code by—
(a)    persons appearing to it appropriate to represent the interests of persons who are members of any group in relation to which the draft code is to apply;
(b)    persons appearing to it appropriate to represent the interests of persons (such as public authorities, employers, service providers etc) whose activities are likely to be affected by the draft code;
(c)    persons appearing to it appropriate to represent persons with experience of the subject matter to which the draft code relates;
(d)    any other persons appearing to it appropriate to consult about the draft code.
(2)    The Commission must have regard to any representations made to it in accordance with sub-paragraph (1).
3 (1) If the Commission determine to proceed with a draft code of practice, they shall transmit the draft to the Secretary of State.
(2)    The Secretary of State shall—
(a)    if he approves of the draft code, lay it before both Houses of Parliament;
(b)    if he does not approve a draft code of practice, he must publish a written statement of his reasons.
(3)    If no such resolution is passed as is referred to in paragraph 1, the Commission shall issue the code in the form of the draft and the code shall come into effect on such day as the Secretary of State may by order appoint.
(4)    But, before taking any step specified in the sub-paragraph (2) or (3), the Secretary of State must consult—
(a)    the Scottish Ministers, if the code concerns any matter falling within devolved competence (within the meaning of the Scotland Act 1998 (c. 46));
(b)    the National Assembly for Wales, if the code concerns any matter relating to functions transferred to the Assembly by or under the Government of Wales Act 1998 (c. 38).
Revisions of existing codes of practice

4         Where the Commission proposes to revise a code of practice under this Act—
(a)    it must comply with paragraph 2 in relation to the revisions; and
(b)    the other provisions of this Schedule apply to the revised code of practice as they apply to a new code of practice.

 

 
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