Equality Act 2006 (c. 3)

(The document as of February, 2008)

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(i) the Commission for Racial Equality,

(ii) the Disability Rights Commission, and

(iii) the Equal Opportunities Commission, and

(b) at the appropriate place insert "Commission for Equality and Human Rights".

Estate Agents Act 1979 (c. 38)

36 The Estate Agents Act 1979 shall be amended as follows.

37 In section 9(6) (provision of information to Office of Fair Trading)--

(a) for paragraph (a) substitute--

" (a) the Commission for Equality and Human Rights, and " , and

(b) paragraph (c) (and the word "and" immediately before it) shall cease to have effect.

38 (1) Schedule 1 shall be amended as follows.

(2) For paragraph 2(b) to (d) substitute--

" (b) where he has been given an unlawful act notice under section 21 of the Equality Act 2006 and no appeal under that section is pending or can be brought;

(c) where he is the subject of an injunction, interdict or order under section 24 (unlawful acts) or 25 (unlawful advertising, pressure, &c.) of the Equality Act 2006;

(d) where--

(i) a county court has determined in accordance with section 25 of the Equality Act 2006 that he committed an act which is unlawful under section 38, 39 or 40 of the Sex Discrimination Act 1975 or section 29, 30 or 31 of the Race Relations Act 1976 (unlawful advertising, pressure, &c.), and

(ii) no appeal under section 25 of the Equality Act 2006 is pending or can be brought (disregarding an appeal out of time); " .

(3) Paragraph 2(f) to (h) shall cease to have effect.

(4) In the words following paragraph 2(h) after "injunction" insert ", interdict".

(5) In paragraph 4(1) and (2) omit--

(a) the words "and notices", and

(b) the words "(1) and".

Legal Aid (Scotland) Act 1986 (c. 47)

39 (1) The Legal Aid (Scotland) Act 1986 shall be amended as follows.

(2) In section 4(2) (sums which may be paid out of the Scottish Legal Aid Fund), after paragraph (ab) insert--

" (ac) any sums payable by the Board under section 17(2D) of this Act; " .

(3) In section 17 (contributions and payments out of property recovered), after subsection (2B) insert--

" (2C) Subsection (2D) below applies where, after applying sums paid to the Board under subsection (2A) above in respect of the expenses of any party in any proceedings--

(a) there is a surplus in the Fund on the account of the party; and

(b) the party received, in respect of the same proceedings, assistance from the Commission for Equality and Human Rights under section 28 of the Equality Act 2006 (power of the Commission to provide legal assistance).

(2D) The Board shall apply the surplus to pay to the Commission any sums due to it under section 29(2) of that Act (Commission's entitlement to recover expenses incurred in providing assistance) in respect of the assistance provided by it to the party. "

Employment Act 1989 (c. 38)

40 In section 28(2) of the Employment Act 1989 (orders) for "Equal Opportunities Commission" substitute "Commission for Equality and Human Rights".

Disability Discrimination Act 1995 (c. 50)

41 The Disability Discrimination Act 1995 shall be amended as follows.

42 At the end of section 16B (discriminatory advertisements) add--

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

(a) by the Commission for Equality and Human Rights, and

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

43 At the end of section 16C (instructions and pressure to discriminate) add--

" (4) Proceedings in respect of a contravention of this section may be brought only--

(a) by the Commission for Equality and Human Rights, and

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

44 Section 17B (proceedings by Disability Rights Commission) shall cease to have effect.

45 Section 28 (conciliation services) shall cease to have effect.

46 In sections 28C(4) and 28T(2) (non-discrimination in education) for "section 53A." substitute "section 14 of the Equality Act 2006."

47 Section 31B (conciliation services) shall cease to have effect.

48 In section 49D(5) for "Disability Rights Commission" substitute "Commission for Equality and Human Rights".

49 Sections 49E and 49F (public authorities: enforcement) shall cease to have effect.

50 Section 49H (let property: conciliation of disputes) shall cease to have effect.

51 Section 49I (conciliation of disputes: rented housing in Scotland) shall cease to have effect.

52 Section 53A (codes of practice) shall cease to have effect.

53 In section 67(5)(b) (regulations and orders) omit the words "53A(6)(a)".

54 In section 68(1) (interpretation), in the definition of "regulations" omit the words "to 49F".

55 In section 70(5A) for "7B, 49G, 49H and 53A(1D) and (1E)" substitute "7B and 49G".

56 (1) For paragraph 6(2) of Schedule 3 (enforcement) substitute--

" (2) Where, in relation to proceedings or prospective proceedings under section 25, the dispute concerned is referred for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by three months. "

(2) In each of paragraphs 10(2) and 13(2) of Schedule 3 (enforcement) --

(a) for "section 28" or "section 31B" substitute "section 27 of the Equality Act 2006", and

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

Employment Tribunals Act 1996 (c. 17)

57 After section 21(1)(gb) of the Employment Tribunals Act 1996 (jurisdiction of Employment Appeal Tribunal) insert--

" (gc) the Equality Act 2006, " .

Asylum and Immigration Act 1996 (c. 49)

58 In section 8A(4)(a) of the Asylum and Immigration Act 1996, for "Commission for Racial Equality;" substitute "Commission for Equality and Human Rights;".

Disability Rights Commission Act 1999 (c. 17)

59 The Disability Rights Commission Act 1999 shall cease to have effect.

Freedom of Information Act 2000 (c. 36)

60 In Part VI of Schedule 1 to the Freedom of Information Act 2000 (public bodies) omit the references to--

(a) the Commission for Racial Equality,

(b) the Disability Rights Commission, and

Anti-terrorism, Crime and Security Act 2001 (c. 24)

61 In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (disclosure)--

(a) paragraphs 13, 14 and 46 shall cease to have effect, and

(b) after paragraph 53A insert--

" 53B Equality Act 2006

Section 6 of the Equality Act 2006. "

Housing (Scotland) Act 2001 (asp 10)

62 In paragraph 8(e) of Schedule 5 to the Housing (Scotland) Act 2001, for "Disability Rights Commission" substitute "Commission for Equality and Human Rights".

Housing (Scotland) Act 2006 (asp 01)

63 In each of the following provisions of the Housing (Scotland) Act 2006, for "Disability Rights Commission" substitute "Commission for Equality and Human Rights"--

(a) section 53(1)(g),

(b) section 65(4), and

Section 91

SCHEDULE 4 Repeals

Short title and chapter	Extent of repeal
Public Records Act 1958 (c. 51)	In Part II of Schedule 1, the reference to the Disability Rights Commission.
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2, the references to the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission.
Superannuation Act 1972 (c. 11)	In Schedule 1, the references to the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission.
House of Commons Disqualification Act 1975 (c. 24)	In Part II of Schedule 1, the references to the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission. In Part III of Schedule 1, the references to an Additional Commissioner of the Commission for Racial Equality and an Additional Commissioner of the Equal Opportunities Commission.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)	In Part II of Schedule 1, the references to the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission. In Part III of Schedule 1, the references to an Additional Commissioner of the Commission for Racial Equality and an Additional Commissioner of the Equal Opportunities Commission.
Sex Discrimination Act 1975 (c. 65)	Part VI. Sections 67 to 73. Section 75. Section 76(3) and (4). Section 76D. Section 76E. In section 81(1) the words "and 59(2)". In section 81(2) the words ", 59(2)". In section 82(1) the definitions of "formal investigation" and "non-discrimination notice". In section 82(4) the words-- (a) "a non-discrimination notice or", (b) "notice or", and (c) the words from "and for this purpose" to the end of the subsection. Schedule 3.
Race Relations Act 1976 (c. 74)	Part VII. Sections 58 to 64. Section 66. Sections 71C to 71E. Section 68(3), (3A)(c), (4) and (5). In section 74(1), the words "(except section 50(2)(a))". Section 74(5). In section 78(1) the definitions of "formal investigation" and "non-discrimination notice". In section 78(4) the words-- (a) "a non-discrimination notice or", (b) "notice or", and (c) the words from "and for this purpose" to the end of the subsection. Schedule 1. In Part II of Schedule 1A, the references to the Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. Paragraphs 1, 2, 6, 7, 8 and 9 of Schedule 4.
Estate Agents Act 1979 (c. 38)	Section 9(6)(c) (and the word "and" immediately before it). Paragraph 2(f) to (h) of Schedule 1. In each sub-paragraph of paragraph 4 of Schedule 1-- (a) the words "and notices", and (b) the words "(1) and".
County Courts Act 1984 (c. 28)	Paragraphs 54 and 61 of Schedule 2.
Legal Aid (Scotland) Act 1986 (c. 47)	Paragraphs 5 and 6 of Schedule 3.
Legal Aid Act 1988 (c. 34)	Paragraphs 6 and 7 of Schedule 5.
Housing Act 1988 (c. 50)	Section 137.
Employment Act 1989 (c. 38)	Paragraph 16 of Schedule 6.
Local Government and Housing Act 1989 (c. 42)	Section 180.
Trade Union Reform and Employment Rights Act 1993 (c. 19)	Paragraph 15 of Schedule 7.
Disability Discrimination Act 1995 (c. 50)	Section 17B. Section 28. Section 31B. Section 49E. Section 49F. Section 49H. Section 49I. Section 53A. In section 67(5)(b), the words ", 53A(6)(a)". In the definition of "regulations" in section 68(1), the words "to 49F".
Employment Tribunals Act 1996 (c. 17)	Paragraphs 3 and 4(3) of Schedule 1.
Disability Rights Commission Act 1999 (c. 17)	The whole Act.
Access to Justice Act 1999 (c. 22)	Paragraphs 13, 14 and 56 of Schedule 4.
Race Relations (Amendment) Act 2000 (c. 34)	Paragraphs 8, 9 and 11 of Schedule 2.
Freedom of Information Act 2000 (c. 36)	In Part VI of Schedule 1, the references to the Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.
Special Educational Needs and Disability Act 2001 (c. 10)	Sections 35 to 37. Schedule 7.
Anti-terrorism, Crime and Security Act 2001 (c. 24)	Paragraphs 13, 14 and 46 of Schedule 4.
Nationality, Immigration and Asylum Act 2002 (c. 41)	Paragraphs 13 and 15 of Schedule 7.
Disability Discrimination Act 2005 (c. 13)	Section 16(2) and (3). Paragraphs 10, 25, 28 and 50 of Schedule 1.
Equality Act 2006	Section 86.

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