Equality Bill [HL]

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
8

(b)
Parts 2 to 4 and section 76A of the Sex Discrimination Act 1975 (c. 65) or
an order under section 76B or 76C of that Act,
(c)
Parts 2 to 4 and section 71 of the Race Relations Act 1976 (c. 74),
(d)
Parts 2 to 4 and 5A of the Disability Discrimination Act 1995 (c. 50)
except for sections 28D and 28E (accessibility in schools),
5
(e)
Part 2 of this Act,
(f)
Parts 2 and 3 of the Employment Equality (Sexual Orientation)
Regulations 2003, and
(g)
Parts 2 and 3 of the Employment Equality (Religion or Belief)
Regulations 2003.
10
(2)
A code of practice under subsection (1) shall contain provision designed—
(a)
to ensure or facilitate compliance with a provision or enactment listed
in subsection (1), or
(b)
to promote equality of opportunity.
(3)
The Commission may issue a code of practice giving practical guidance to
15
landlords and tenants about—
(a)
circumstances in which a tenant requires the consent of his landlord to
make a relevant improvement, within the meaning of section 49G(7) of
the Disability Discrimination Act 1995 (improvements), to a dwelling
house,
20
(b)
circumstances in which it is unreasonable to withhold that consent, and
(c)
the application in relation to relevant improvements (within that
meaning) to dwelling houses of—
(i)
section 19(2) of the Landlord and Tenant Act 1927 (c. 36)
(consent to improvements),
25
(ii)
sections 81 to 85 of the Housing Act 1980 (c. 51) (tenant’s
improvements),
(iii)
sections 97 to 99 of the Housing Act 1985 (c. 68) (tenant’s
improvements), and
(iv)
section 49G of the Disability Discrimination Act 1995.
30
(4)
The Commission shall comply with a direction of the Secretary of State to issue
a code under this section in connection with a specified matter.
(5)
Before issuing a code under this section the Commission shall—
(a)
publish proposals, and
(b)
consult such persons as it thinks appropriate.
35
(6)
Before issuing a code under this section the Commission shall submit a draft to
the Secretary of State, who shall—
(a)
if he approves the draft—
(i)
notify the Commission, and
(ii)
lay a copy before Parliament, or
40
(b)
otherwise, give the Commission written reasons why he does not
approve the draft.
(7)
Where a draft is laid before Parliament under subsection (6)(a)(ii), if neither
House passes a resolution disapproving the draft within 40 days—
(a)
the Commission may issue the code in the form of the draft, and
45
(b)
it shall come into force in accordance with provision made by the
Secretary of State by order.

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
9

(8)
If, or in so far as, a code relates to a duty imposed by or under section 76A, 76B
or 76C of the Sex Discrimination Act 1975 (c. 65), section 71 of the Race
Relations Act 1976 (c. 74) or section 49A or 49D of the Disability Discrimination
Act 1995 (c. 50) (public authorities: general anti-discrimination duties) the
Secretary of State shall consult the Scottish Ministers and the National
5
Assembly for Wales before—
(a)
approving a draft under subsection (6)(a) above, or
(b)
making an order under subsection (7)(b) above.
16
Codes of practice: supplemental
(1)
The Commission may revise a code issued under section 15; and a reference in
10
this section or in that section to the issue of a code shall be treated as including
a reference to the revision of a code.
(2)
The 40 day period specified in section 15(7)—
(a)
shall begin with the date on which the draft is laid before both Houses
(or, if laid before each House on a different date, with the later date),
15
and
(b)
shall be taken not to include a period during which—
(i)
Parliament is prorogued or dissolved, or
(ii)
both Houses are adjourned for more than four days.
(3)
A code issued under section 15 may be revoked by the Secretary of State, at the
20
request of the Commission, by order.
(4)
A failure to comply with a provision of a code shall not of itself make a person
liable to criminal or civil proceedings; but a code—
(a)
shall be admissible in evidence in criminal or civil proceedings, and
(b)
shall be taken into account by a court or tribunal in any case in which it
25
appears to the court or tribunal to be relevant.
(5)
The Secretary of State may by order amend section 15 so as to vary the range
of matters that codes of practice under that section may address.
17
Inquiries
(1)
The Commission—
30
(a)
shall comply with a direction of the Secretary of State to conduct an
inquiry into a specified matter relating to any of the Commission’s
duties under sections 8, 9, 10 and 11, and
(b)
may conduct an inquiry into any other matter relating to any of those
duties.
35
(2)
If in the course of an inquiry the Commission begins to suspect that a person
may have committed an unlawful act—
(a)
in continuing the inquiry the Commission shall, so far as possible,
avoid further consideration of whether or not the person has
committed an unlawful act,
40
(b)
the Commission may commence an investigation into that question
under section 22,
(c)
the Commission may use information or evidence acquired in the
course of the inquiry for the purpose of the investigation, and

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
10

(d)
the Commission shall so far as possible ensure (whether by aborting or
suspending the inquiry or otherwise) that any aspects of the inquiry
which concern the person investigated, or may require his
involvement, are not pursued while the investigation is in progress.
(3)
The report of an inquiry—
5
(a)
may not state (whether expressly or by necessary implication) that a
specified or identifiable person has committed an unlawful act, and
(b)
shall not otherwise refer to the activities of a specified or identifiable
person unless the Commission thinks that the reference—
(i)
will not harm the person, or
10
(ii)
is necessary in order for the report adequately to reflect the
results of the inquiry.
(4)
Subsections (2) and (3) shall not prevent an inquiry from considering or
reporting a matter relating to human rights (whether or not a necessary
implication arises in relation to the equality enactments).
15
(5)
Before settling a report of an inquiry which records findings which in the
Commission’s opinion are of an adverse nature and relate (whether expressly
or by necessary implication) to a specified or identifiable person the
Commission shall—
(a)
send a draft of the report to the person,
20
(b)
specify a period of at least 28 days during which he may make written
representations about the draft, and
(c)
consider any representations made.
(6)
Schedule 2 makes supplemental provision about inquiries.
18
Grants
25
(1)
In pursuance of any of its duties under sections 8 to 11 the Commission may
make grants to another person.
(2)
A grant under subsection (1) may be made subject to conditions (which may,
in particular, include conditions as to repayment).
(3)
A power under this Part to co-operate with or assist a person may not be
30
exercised by the provision of financial assistance otherwise than in accordance
with this section.
19
Human rights
In pursuance of its duties under section 9 the Commission may (without
prejudice to the generality of section 14) co-operate with persons interested in
35
human rights within the United Kingdom or elsewhere.
20
Disability
(1)
In pursuance of its duties under section 10 the Commission may do anything
specified in this section (without prejudice to the generality of section 14).
(2)
The Commission may make, co-operate with or assist in arrangements—
40
(a)
for the monitoring of kinds of crime affecting disabled persons;
(b)
designed to prevent or reduce crime affecting disabled persons;

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
11

(c)
for activities (whether social, recreational, sporting, civic, educational
or otherwise) designed to involve disabled persons.
21
Communities
(1)
In pursuance of its duties under section 11 the Commission may do anything
specified in this section (without prejudice to the generality of section 14).
5
(2)
The Commission may make, co-operate with or assist in arrangements—
(a)
for the monitoring of kinds of crime affecting certain communities;
(b)
designed to prevent or reduce crime within or affecting certain
communities;
(c)
for activities (whether social, recreational, sporting, civic, educational
10
or otherwise) designed to involve members of communities.
Enforcement powers
22
Investigations
(1)
The Commission may investigate whether or not a person—
(a)
has committed an unlawful act,
15
(b)
has complied with a requirement imposed by an unlawful act notice
under section 23, or
(c)
has complied with an undertaking given under section 25.
(2)
The Commission shall investigate a matter specified in subsection (1) if
directed to do so by the Secretary of State.
20
(3)
The Commission may conduct an investigation under subsection (1)(a) only if
it suspects that the person concerned may have committed an unlawful act (but
this subsection is subject to subsection (2)).
(4)
The Secretary of State may direct the Commission to investigate a matter only
if he suspects that the person concerned may have committed an unlawful act.
25
(5)
A suspicion for the purposes of subsection (3) or (4) may (but need not) be
based on the results of, or a matter arising during the course of, an inquiry
under section 17.
(6)
Before settling a report of an investigation recording a finding that a person has
committed an unlawful act or has failed to comply with a requirement or
30
undertaking the Commission shall—
(a)
send a draft of the report to the person,
(b)
specify a period of at least 28 days during which he may make written
representations about the draft, and
(c)
consider any representations made.
35
(7)
Schedule 2 makes supplemental provision about investigations.
23
Unlawful act notice
(1)
The Commission may give a person a notice under this section (an “unlawful
act notice”) if—
(a)
he is or has been the subject of an investigation under section 22(1)(a),
40
and

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
12

(b)
the Commission is satisfied that he has committed an unlawful act.
(2)
A notice must specify—
(a)
the unlawful act, and
(b)
the provision of the equality enactments by virtue of which the act is
unlawful.
5
(3)
A notice must inform the recipient of the effect of—
(a)
subsections (5) to (7),
(b)
section 22(1)(b), and
(c)
section 26(1)(a).
(4)
A notice may—
10
(a)
require the person to whom the notice is given to prepare an action plan
for the purpose of avoiding repetition or continuation of the unlawful
act;
(b)
recommend action to be taken by the person for that purpose.
(5)
A person who is given a notice may, within the period of six weeks beginning
15
with the day on which the notice is given, appeal to the appropriate court or
tribunal on the grounds—
(a)
that he has not committed the unlawful act specified in the notice, or
(b)
that a requirement for the preparation of an action plan imposed under
subsection (4)(a) is unreasonable.
20
(6)
On an appeal under subsection (5) the court or tribunal may—
(a)
affirm a notice;
(b)
annul a notice;
(c)
vary a notice;
(d)
affirm a requirement;
25
(e)
annul a requirement;
(f)
vary a requirement;
(g)
make an order for costs or expenses.
(7)
In subsection (5) “the appropriate court or tribunal” means—
(a)
an employment tribunal, if a claim in respect of the alleged unlawful act
30
could be made to it, or
(b)
a county court (in England and Wales) or the sheriff (in Scotland), if a
claim in respect of the alleged unlawful act could be made to it or to
him.
24
Action plans
35
(1)
This section applies where a person has been given a notice under section 23
which requires him (under section 23(4)(a)) to prepare an action plan.
(2)
The notice must specify a time by which the person must give the Commission
a first draft plan.
(3)
After receiving a first draft plan from a person the Commission shall—
40
(a)
approve it, or
(b)
give the person a notice which—
(i)
states that the draft is not adequate,

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
13

(ii)
requires the person to give the Commission a revised draft by a
specified time, and
(iii)
may make recommendations about the content of the revised
draft.
(4)
Subsection (3) shall apply in relation to a revised draft plan as it applies in
5
relation to a first draft plan.
(5)
An action plan comes into force—
(a)
if the period of six weeks beginning with the date on which a first draft
or revised draft is given to the Commission expires without the
Commission—
10
(i)
giving a notice under subsection (3)(b), or
(ii)
applying for an order under subsection (6)(b), or
(b)
upon a court’s declining to make an order under subsection (6)(b) in
relation to a revised draft of the plan.
(6)
The Commission may apply to a county court (in England and Wales) or to the
15
sheriff (in Scotland)—
(a)
for an order requiring a person to give the Commission a first draft plan
by a time specified in the order,
(b)
for an order requiring a person who has given the Commission a
revised draft plan to prepare and give to the Commission a further
20
revised draft plan—
(i)
by a time specified in the order, and
(ii)
in accordance with any directions about the plan’s content
specified in the order, or
(c)
during the period of five years beginning with the date on which an
25
action plan prepared by a person comes into force, for an order
requiring the person—
(i)
to act in accordance with the action plan, or
(ii)
to take specified action for a similar purpose.
(7)
An action plan may be varied by agreement between the Commission and the
30
person who prepared it.
(8)
Paragraphs 10 to 14 of Schedule 2 apply (but omitting references to oral
evidence) in relation to consideration by the Commission of the adequacy of a
draft action plan as they apply in relation to the conduct of an inquiry.
(9)
A person commits an offence if without reasonable excuse he fails to comply
35
with an order under subsection (6); and a person guilty of an offence under this
subsection shall be liable on summary conviction to a fine not exceeding level
5 on the standard scale.
25
Agreements
(1)
The Commission may enter into an agreement with a person under which—
40
(a)
the person undertakes—
(i)
not to commit an unlawful act of a specified kind, and
(ii)
to take, or refrain from taking, other specified action (which
may include the preparation of a plan for the purpose of
avoiding an unlawful act), and
45

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
14

(b)
the Commission undertakes not to proceed against the person under
section 22 or 23 in respect of any unlawful act of the kind specified
under paragraph (a)(i).
(2)
The Commission may enter into an agreement with a person under this section
only if it thinks that the person has committed an unlawful act.
5
(3)
But a person shall not be taken to admit to the commission of an unlawful act
by reason only of entering into an agreement under this section.
(4)
An agreement under this section—
(a)
may be entered into whether or not the person is or has been the subject
of an investigation under section 22,
10
(b)
may include incidental or supplemental provision (which may include
provision for termination in specified circumstances), and
(c)
may be varied or terminated by agreement of the parties.
(5)
This section shall apply in relation to the breach of a duty specified in section
36(2) as it applies in relation to the commission of an unlawful act; and for that
15
purpose the reference in subsection (1)(b) above to section 22 or 23 shall be
taken as a reference to section 34.
26
Applications to court
(1)
Subsection (2) applies to a person during the period of five years beginning
with the date on which—
20
(a)
he is given a notice under section 23, or
(b)
a court or tribunal finds that he committed an unlawful act.
(2)
If the Commission thinks that a person to whom this subsection applies is
likely to commit an unlawful act, it may apply—
(a)
in England and Wales, to a county court for an injunction restraining
25
the person from committing the act, or
(b)
in Scotland, to the sheriff for an interdict prohibiting the person from
committing the act.
(3)
Subsection (4) applies if the Commission thinks that a party to an agreement
under section 25 has failed to comply, or is likely not to comply, with an
30
undertaking under the agreement.
(4)
The Commission may apply to a county court (in England and Wales) or to the
sheriff (in Scotland) for an order requiring the person—
(a)
to comply with his undertaking, and
(b)
to take such other action as the court or the sheriff may specify.
35
27
Application to restrain unlawful advertising, pressure, &c.
(1)
This section applies to an act which is unlawful under any of the following—
(a)
sections 38 to 40 of the Sex Discrimination Act 1975 (c. 65) (advertising;
and instructions or pressure to discriminate),
(b)
sections 29 to 31 of the Race Relations Act 1976 (c. 74) (advertising; and
40
instructions or pressure to discriminate),
(c)
sections 16B and 16C of the Disability Discrimination Act 1995 (c. 50)
(advertising; and instructions or pressure to discriminate), and