Equality Act 2006 (c. 3)

(The document as of February, 2008)

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(a) matters provided for in Parts 1, 3, 4, 5 and 5B of the Disability Discrimination Act 1995 (c. 50),

(b) sections 8 and 10 above, in so far as they relate to disability, and

(4) Before exercising a power to which paragraph 21(2) or 22(3) applies the Disability Committee shall consult the Scotland Committee.

(5) Before exercising a power to which paragraph 29(2) or 30(3) applies the Disability Committee shall consult the Wales Committee.

53 Before exercising a power or fulfilling a duty wholly or partly in relation to a matter affecting disabled persons (including, in particular, any matter provided for in Part 2 of the Disability Discrimination Act 1995 (c. 50)) the Commission shall consult the Disability Committee.

54 The Disability Committee shall advise the Commission about the exercise of the Commission's functions in so far as they affect disabled persons (including, in particular, in so far as they relate to any matter provided for in Part 2 of the Disability Discrimination Act 1995).

Resources

55 In allocating its resources the Commission shall ensure that the Disability Committee receives a share sufficient to enable it to exercise its functions.

Report

56 (1) The Disability Committee shall for each financial year of the Commission submit to the Commission a report on the Committee's activities in that year.

(2) The Commission shall incorporate each report of the Disability Committee under sub-paragraph (1) into the relevant annual report of the Commission.

5-year review

57 The Commission shall arrange for a review of the activities of the Disability Committee to be conducted as soon as is reasonably practicable after the end of the period of five years beginning with the date of the commencement for all purposes of sections 8 and 10 in so far as they relate to disability.

58 The following may not participate in the review (although those conducting the review may seek views from any of the following)--

(a) a Commissioner or former Commissioner,

(b) staff or former staff of the Commission,

(d) a person who is or has been a member of a committee established by the Commission.

59 The Commission shall ensure--

(a) that those conducting the review consult disabled persons and other persons whom they think likely to have an interest,

(b) that those conducting the review submit a report to the Commission which, in particular, recommends for how long the Disability Committee should continue in existence, and

60 As soon as is reasonably practicable after receiving a report under paragraph 59 the Commission shall recommend to the Secretary of State for how long the Disability Committee should continue in existence.

61 As soon as is reasonably practicable after receiving a recommendation under paragraph 60 the Secretary of State shall by order--

(a) dissolve the Disability Committee with effect from such time as shall be specified in the order, and

(b) repeal this Part of this Schedule with effect from that time.

62 An order under paragraph 61 may include provision about--

(a) the conduct of the business of the Disability Committee before its dissolution;

(b) the conduct of the Commission after the dissolution of the Disability Committee in relation to functions formerly delegated to that committee.

63 The dissolution of the Disability Committee is without prejudice to any power of the Commission under this Schedule--

(a) to establish a committee, or

(b) to delegate to a committee.

64 The Disability Committee may not be dissolved under paragraph 14(c).

Sections 16, 20 and 31

SCHEDULE 2 Inquiries, Investigations and Assessments

Introduction

1 This Schedule applies to--

(a) inquiries under section 16,

(b) investigations under section 20, and

Terms of reference

2 Before conducting an inquiry the Commission shall--

(a) publish the terms of reference of the inquiry in a manner that the Commission thinks is likely to bring the inquiry to the attention of persons whom it concerns or who are likely to be interested in it, and

(b) in particular, give notice of the terms of reference to any persons specified in them.

3 Before conducting an investigation the Commission shall--

(a) prepare terms of reference specifying the person to be investigated and the nature of the unlawful act which the Commission suspects,

(b) give the person to be investigated notice of the proposed terms of reference,

(d) consider any representations made, and

(e) publish the terms of reference once settled.

4 Before conducting an assessment of a person's compliance with a duty the Commission shall--

(a) prepare terms of reference,

(b) give the person notice of the proposed terms of reference,

(d) consider any representations made, and

(e) publish the terms of reference once settled.

5 Paragraphs 2 to 4 shall apply in relation to revised terms of reference as they apply in relation to original terms of reference.

Representations

6 (1) The Commission shall make arrangements for giving persons an opportunity to make representations in relation to inquiries, investigations and assessments.

(2) In particular, in the course of an investigation, inquiry or assessment the Commission must give any person specified in the terms of reference an opportunity to make representations.

7 Arrangements under paragraph 6 may (but need not) include arrangements for oral representations.

8 (1) The Commission shall consider representations made in relation to an inquiry, investigation or assessment.

(2) But the Commission may, where they think it appropriate, refuse to consider representations--

(a) made neither by nor on behalf of a person specified in the terms of reference, or

(b) made on behalf of a person specified in the terms of reference by a person who is not a barrister, an advocate or a solicitor.

(3) If the Commission refuse to consider representations in reliance on sub-paragraph (2) they shall give the person who makes them written notice of the Commission's decision and the reasons for it.

Evidence

9 In the course of an inquiry, investigation or assessment the Commission may give a notice under this paragraph to any person.

10 (1) A notice given to a person under paragraph 9 may require him--

(a) to provide information in his possession,

(b) to produce documents in his possession, or

(2) A notice under paragraph 9 may include provision about--

(a) the form of information, documents or evidence;

(b) timing.

(3) A notice under paragraph 9--

(a) may not require a person to provide information that he is prohibited from disclosing by virtue of an enactment,

(b) may not require a person to do anything that he could not be compelled to do in proceedings before the High Court or the Court of Session, and

11 The recipient of a notice under paragraph 9 may apply to a county court (in England and Wales) or to the sheriff (in Scotland) to have the notice cancelled on the grounds that the requirement imposed by the notice is--

(a) unnecessary having regard to the purpose of the inquiry, investigation or assessment to which the notice relates, or

(b) otherwise unreasonable.

12 (1) Sub-paragraph (2) applies where the Commission thinks that a person--

(a) has failed without reasonable excuse to comply with a notice under paragraph 9, or

(b) is likely to fail without reasonable excuse to comply with a notice under paragraph 9.

(2) The Commission may apply to a county court (in England and Wales) or to the sheriff (in Scotland) for an order requiring a person to take such steps as may be specified in the order to comply with the notice.

13 (1) A person commits an offence if without reasonable excuse he--

(a) fails to comply with a notice under paragraph 9 or an order under paragraph 12(2),

(b) falsifies anything provided or produced in accordance with a notice under paragraph 9 or an order under paragraph 12(2), or

(2) A person who is guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

14 (1) Where a person is given a notice under paragraph 9 he shall disregard it, and notify the Commission that he is disregarding it, in so far as he thinks it would require him--

(a) to disclose sensitive information within the meaning of paragraph 4 of Schedule 3 to the Intelligence Services Act 1994 (c. 13) (Intelligence and Security Committee),

(b) to disclose information which might lead to the identification of an employee or agent of an intelligence service (other than one whose identity is already known to the Commission),

(c) to disclose information which might provide details of processes used in recruiting, selecting or training employees or agents of an intelligence service,

(d) to disclose information which might provide details of, or cannot practicably be separated from, information falling within any of paragraphs (a) to (c), or

(e) to make a disclosure of information relating to an intelligence service which would prejudice the interests of national security.

(2) In sub-paragraph (1) "intelligence service" means--

(a) the Security Service,

(b) the Secret Intelligence Service, and

(3) Where in response to a notice under paragraph 9 a person gives a notice to the Commission under sub-paragraph (1) above--

(a) paragraphs 12 and 13 shall not apply in relation to that part of the notice under paragraph 9 to which the notice under sub-paragraph (1) above relates,

(b) the Commission may apply to the tribunal established by section 65 of the Regulation of Investigatory Powers Act 2000 (c. 23) for an order requiring the person to take such steps as may be specified in the order to comply with the notice,

(c) the following provisions of that Act shall apply in relation to proceedings under this paragraph as they apply in relation to proceedings under that Act (with any necessary modifications)--

(i) section 67(7), (8) and (10) to (12) (determination),

(ii) section 68 (procedure), and

(iii) section 69 (rules), and

(d) the tribunal shall determine proceedings under this paragraph by considering the opinion of the person who gave the notice under sub-paragraph (1) above in accordance with the principles that would be applied by a court on an application for judicial review of the giving of the notice.

(4) Where the Commission receives information or documents from or relating to an intelligence service in response to a notice under paragraph 9, the Commission shall store and use the information or documents in accordance with any arrangements specified by the Secretary of State.

(5) The recipient of a notice under paragraph 9 may apply to the High Court (in England and Wales) or the Court of Session (in Scotland) to have the notice cancelled on the grounds that the requirement imposed by the notice is undesirable for reasons of national security, other than for the reason that it would require a disclosure of a kind to which sub-paragraph (1) above applies.

Reports

15 The Commission shall publish a report of its findings on an inquiry, investigation or assessment.

Recommendations

16 (1) The Commission may make recommendations--

(a) as part of a report of an inquiry, investigation or assessment under paragraph 15, or

(b) in respect of a matter arising in the course of an inquiry, investigation or assessment.

(2) A recommendation may be addressed to any class of person.

Effect of report

17 (1) A court or tribunal--

(a) may have regard to a finding of the report of an inquiry, investigation or assessment, but

(b) shall not treat it as conclusive.

18 A person to whom a recommendation in the report of an inquiry, investigation or assessment is addressed shall have regard to it.

Courts and tribunals

19 An inquiry, investigation or assessment may not question (whether expressly or by necessary implication) the findings of a court or tribunal.

Intelligence services

20 (1) An inquiry may not consider--

(a) whether an intelligence service has acted (or is acting) in a way which is incompatible with a person's human rights, or

(b) other matters concerning human rights in relation to an intelligence service.

(2) In this paragraph "intelligence service" has the same meaning as in paragraph 14.

Section 40

SCHEDULE 3 Amendments Consequential on Part 1

Public Records Act 1958 (c. 51)

1 In Schedule 1 to the Public Records Act 1958 (definition of public records) omit the reference to the Disability Rights Commission.

Parliamentary Commissioner Act 1967 (c. 13)

2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, &c. subject to investigation) omit the references to--

(a) the Commission for Racial Equality,

(b) the Disability Rights Commission, and

Superannuation Act 1972 (c. 11)

3 In Schedule 1 to the Superannuation Act 1972 (employments) omit the references to--

(a) the Commission for Racial Equality,

(b) the Disability Rights Commission, and

House of Commons Disqualification Act 1975 (c. 24)

4 (1) The House of Commons Disqualification Act 1975 shall be amended as follows.

(2) In Part II of Schedule 1 (bodies of which all members are disqualified) omit the references to--

(a) the Commission for Racial Equality,

(b) the Disability Rights Commission, and

(3) In Part III of Schedule 1 (disqualifying offices) omit the references to--

(a) Additional Commissioner of the Commission for Racial Equality, and

(b) Additional Commissioner of the Equal Opportunities Commission.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5 (1) The Northern Ireland Assembly Disqualification Act 1975 shall be amended as follows.

(2) In Part II of Schedule 1 (bodies of which all members are disqualified) omit the references to--

(a) the Commission for Racial Equality,

(b) the Disability Rights Commission, and

(3) In Part III of Schedule 1 (disqualifying offices) omit the references to--

(a) Additional Commissioner of the Commission for Racial Equality, and

(b) Additional Commissioner of the Equal Opportunities Commission.

Sex Discrimination Act 1975 (c. 65)

6 The Sex Discrimination Act 1975 shall be amended as follows.

7 In section 37(3) (discriminatory practices) for "sections 67 to 71 of this Act" substitute "sections 20 to 24 of the Equality Act 2006".

8 At the end of section 38 (discriminatory advertisements) add--

" (6) Proceedings in respect of a contravention of subsection (1) may be brought only--

(a) by the Commission, and

(b) in accordance with section 25 of the Equality Act 2006. "

9 At the end of section 39 (instructions to discriminate (which becomes subsection (1))) add--

" (2) Proceedings in respect of a contravention of subsection (1) may be brought only--

(a) by the Commission, and

(b) in accordance with section 25 of the Equality Act 2006. "

10 At the end of section 40 (pressure to discriminate) add--

" (3) Proceedings in respect of a contravention of subsection (1) may be brought only--

(a) by the Commission, and

(b) in accordance with section 25 of the Equality Act 2006. "

11 Part VI (the Equal Opportunities Commission) shall cease to have effect.

12 Sections 67 to 73 (enforcement) shall cease to have effect.

13 Section 75 (assistance by Equal Opportunities Commission) shall cease to have effect.

14 (1) Section 76 (timing of proceedings) shall be amended as follows.

(2) In subsection (2A) for "two months." substitute "three months."

(3) After subsection (2B) insert--

" (2C) The period allowed by subsection (2)(a) or (b) shall be extended by three months in the case of a dispute which is referred for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 (unless the period is extended under subsection (2A)). "

(4) Subsections (3) and (4) shall cease to have effect.

(5) In subsection (5) for "complaint, claim or application" substitute "complaint or claim".

15 Section 76D (public authorities: enforcement) (inserted by section 85 of this Act) shall cease to have effect.

16 Section 76E (codes of practice) (inserted by section 86 of this Act) shall cease to have effect.

17 In section 81 (orders)--

(a) in subsection (1) omit the words "and 59(2)", and

(b) in subsection (2) omit the words ", 59(2)".

18 In section 82 (interpretation)--

(a) in subsection (1)--

(i) in the definition of "the Commission", for "Equal Opportunities Commission" substitute "Commission for Equality and Human Rights", and

(ii) omit the definitions of "formal investigation" and "non-discrimination notice", and

(b) in subsection (4)--

(i) after "this Act" omit the words "a non-discrimination notice or",

(ii) after "the appeal against the" omit the words "notice or", and

(iii) omit the words from "and for this purpose" to the end.

19 In Schedule 2 (education admissions: transitional exemption)--

(a) in paragraph 5(1) for "Equal Opportunities Commission set up under Part VI" substitute "the Commission", and

(b) in paragraph 6 for "Equal Opportunities Commission" substitute "the Commission".

20 Schedule 3 (Equal Opportunities Commission) shall cease to have effect.

Race Relations Act 1976 (c. 74)

21 The Race Relations Act 1976 shall be amended as follows.

22 In section 28(3) (discriminatory practices), for "sections 58 to 62" substitute "sections 20 to 24 of the Equality Act 2006".

23 At the end of section 29 (discriminatory advertisements) add--

" (6) Proceedings in respect of a contravention of subsection (1) may be brought only--

(a) by the Commission, and

(b) in accordance with section 25 of the Equality Act 2006. "

24 At the end of section 30 (instructions to discriminate, &c. (which becomes subsection (1))) add--

" (2) Proceedings in respect of a contravention of subsection (1) may be brought only--

(a) by the Commission, and

(b) in accordance with section 25 of the Equality Act 2006. "

25 At the end of section 31 (pressure to discriminate, &c.) add--

" (3) Proceedings in respect of a contravention of subsection (1) may be brought only--

(a) by the Commission, and

(b) in accordance with section 25 of the Equality Act 2006. "

26 Part VII (Commission for Racial Equality) shall cease to have effect.

27 Sections 58 to 64 (enforcement) shall cease to have effect.

28 Section 66 (assistance by Commission for Racial Equality) shall cease to have effect.

29 (1) Section 68 (timing of proceedings) shall be amended as follows.

(2) Subsection (3) shall cease to have effect.

(3) In subsection (3A)--

(a) omit paragraph (c), and

(b) for "two months." substitute "three months."

(4) After subsection (3B) insert--

" (3C) The period allowed by subsection (2)(a) shall be extended by three months in the case of a dispute which is referred for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 (unless it is extended under subsection (3A)). "

(5) Subsections (4) and (5) shall cease to have effect.

(6) In subsection (6) for "complaint, claim or application" substitute "complaint or claim".

30 Section 71C (codes of practice) shall cease to have effect.

31 Sections 71D and 71E (general public authority duty: compliance notice) shall cease to have effect.

32 In section 74 (orders and regulations)--

(a) in subsection (1) omit the words "(except section 50(2)(a))",

(b) in subsection (2) for "(except sections 50(2)(a) and 73(1))" substitute "(except section 73(1))", and

33 In section 78 (interpretation)--

(a) in subsection (1)--

(i) in the definition of "the Commission" for "Commission for Racial Equality" substitute "Commission for Equality and Human Rights", and

(ii) omit the definitions of "non-discrimination notice" and "formal investigation", and

(b) in subsection (4)--

(i) after "this Act" omit the words "a non-discrimination notice or",

(ii) after "the appeal against the" omit the words "notice or", and

(iii) omit the words from "and for this purpose" to the end of the subsection.

34 Schedule 1 (Commission for Racial Equality) shall cease to have effect.

35 In Part II of Schedule 1A (general statutory duty)--

(a) omit the references to--

(i) the Commission for Racial Equality,

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