|
| |
| |
(d) | sections 56 and 57 below (religious discrimination: advertising; and |
| |
instructions or pressure to discriminate). |
| |
(2) | Legal proceedings in relation to action to which this section applies— |
| |
(a) | may be brought by the Commission in accordance with this section, |
| |
| 5 |
(b) | may not be brought by anyone else. |
| |
(3) | Where the Commission thinks that a person has done an act to which this |
| |
section applies the Commission may— |
| |
(a) | present a complaint to an employment tribunal, where the act is alleged |
| |
to be unlawful by reference to— |
| 10 |
(i) | Part 2 of the Sex Discrimination Act 1975 (c. 65), |
| |
(ii) | Part 2 of the Race Relations Act 1976 (c. 74), |
| |
(iii) | Part 2 of the Disability Discrimination Act 1995 (c. 50), |
| |
(iv) | Part 3 of that Act in so far as it relates to employment services, or |
| |
(v) | Part 2 of this Act, or |
| 15 |
(b) | in any other case, apply to a county court (in England and Wales) or the |
| |
| |
(4) | On a complaint or application under subsection (3) in respect of an alleged act |
| |
to which this section applies, the tribunal, court or sheriff shall determine |
| |
whether the allegation is correct. |
| 20 |
(5) | The Commission may apply to a county court (in England and Wales) for an |
| |
injunction restraining a person from doing an act to which this section applies |
| |
| |
| |
(i) | a tribunal or court has determined under subsection (4) that the |
| 25 |
person has done an act to which this section applies, or |
| |
(ii) | the Commission thinks that the person has done an act to which |
| |
this section applies, and |
| |
(b) | the Commission thinks that if unrestrained the person is likely to do |
| |
another act to which this section applies. |
| 30 |
(6) | The Commission may apply to the sheriff (in Scotland) for an interdict |
| |
prohibiting a person from doing an act to which this section applies where— |
| |
| |
(i) | a tribunal or the sheriff has determined under subsection (4) |
| |
that the person has done an act to which this section applies, or |
| 35 |
(ii) | the Commission thinks that the person has done an act to which |
| |
this section applies, and |
| |
(b) | the Commission thinks that without an interdict the person is likely to |
| |
do another act to which this section applies. |
| |
(7) | Subsection (1) does not apply to an act which constitutes an offence. |
| 40 |
28 | Section 27: supplemental |
| |
(1) | A complaint or application under section 27(3) may be presented or made |
| |
| |
(a) | within the period of six months beginning with the date (or last date) |
| |
on which the alleged unlawful act occurred, or |
| 45 |
(b) | with the permission of the tribunal, court or sheriff. |
| |
| |
| |
|
| |
| |
(2) | A determination under section 27(4) shall not be relied upon by a county court |
| |
or the sheriff in proceedings under section 27(5) or (6) while an appeal against |
| |
| |
| |
(b) | may be brought (disregarding the possibility of an appeal out of time |
| 5 |
| |
(3) | An application under section 27(5) or (6) may be made only— |
| |
(a) | within the period of five years beginning with the date (or last date) on |
| |
which the unlawful act referred to in that subsection occurred, or |
| |
(b) | with the permission of the court or sheriff. |
| 10 |
| |
(1) | The Commission may make arrangements for the provision of conciliation |
| |
services for disputes in respect of which proceedings have been or could be |
| |
brought under or by virtue of— |
| |
(a) | section 66 of the Sex Discrimination Act 1975 (c. 65) (civil proceedings), |
| 15 |
(b) | section 57 of the Race Relations Act 1976 (c. 74) (civil proceedings), |
| |
(c) | section 25, 28I, 28N, 28V or 31AE(1) of the Disability Discrimination Act |
| |
1995 (c. 50) (civil proceedings), |
| |
| |
(e) | regulation 31 of the Employment Equality (Religion or Belief) |
| 20 |
Regulations 2003 (civil proceedings), or |
| |
(f) | regulation 31 of the Employment Equality (Sexual Orientation) |
| |
Regulations 2003 (civil proceedings). |
| |
(2) | The Commission may make arrangements for the provision of conciliation |
| |
services for disputes about whether it is unreasonable for a landlord to |
| 25 |
withhold consent to the making of an improvement to a dwelling where the |
| |
improvement would be likely to facilitate the enjoyment of the premises by the |
| |
tenant or another lawful occupier having regard to a disability. |
| |
(3) | The Commission shall aim to exercise the powers in subsections (1) and (2) so |
| |
as to ensure that, so far as is reasonably practicable, conciliation services are |
| 30 |
available to parties who want them. |
| |
(4) | Information communicated to a person providing conciliation services in |
| |
accordance with arrangements under this section may not be adduced in legal |
| |
proceedings without the consent of the person who communicated the |
| |
| 35 |
(5) | None of the following shall participate in the provision of conciliation services |
| |
for which arrangements are made under this section— |
| |
| |
(b) | a member of the Commission’s staff, |
| |
(c) | a member of a committee established by the Commission, and |
| 40 |
(d) | an Investigating Commissioner. |
| |
(6) | The Commission shall make administrative arrangements designed to secure |
| |
that information in connection with conciliation services provided in |
| |
accordance with arrangements made under this section is not disclosed to— |
| |
| 45 |
(b) | a member of the Commission’s staff. |
| |
| |
| |
|
| |
| |
(7) | But subsection (6) shall not apply to a disclosure— |
| |
(a) | made with the consent of the parties to the dispute to which it relates, |
| |
(b) | which does not identify individuals or enable them to be identified, or |
| |
(c) | of information without which arrangements under this section cannot |
| |
| 5 |
(8) | In this section “conciliation services” means a service which is provided— |
| |
(a) | by a person who is not party to a dispute, |
| |
(b) | to the parties to the dispute, and |
| |
(c) | with the aim of enabling the dispute to be settled by agreement and |
| |
without legal proceedings. |
| 10 |
(9) | The Secretary of State may by order amend this section so as to vary the range |
| |
of disputes in respect of which the Commission may make arrangements for |
| |
the provision of conciliation services. |
| |
| |
(1) | The Commission may assist an individual who is or may become party to legal |
| 15 |
| |
(a) | the proceedings relate or may relate (wholly or partly) to a provision of |
| |
the equality enactments, and |
| |
(b) | the individual alleges that he has been the victim of behaviour contrary |
| |
to a provision of the equality enactments. |
| 20 |
(2) | The Commission may assist an individual who is or may become party to legal |
| |
proceedings if and in so far as the proceedings concern or may concern the |
| |
question whether it is unreasonable for a landlord to withhold consent to the |
| |
making of an improvement to a dwelling where the improvement would be |
| |
likely to facilitate the enjoyment of the premises by the tenant or another lawful |
| 25 |
occupier having regard to a disability. |
| |
(3) | In giving assistance under this section the Commission may provide or arrange |
| |
| |
| |
(b) | legal representation; |
| 30 |
(c) | facilities for the settlement of a dispute; |
| |
(d) | any other form of assistance. |
| |
(4) | Assistance may not be given under subsection (1) in relation to alleged |
| |
behaviour contrary to a provision of Part V of the Disability Discrimination Act |
| |
1995 (c. 50) (public transport). |
| 35 |
(5) | Where proceedings relate or may relate partly to a provision of the equality |
| |
enactments and partly to other matters— |
| |
(a) | assistance may be given under subsection (1) in respect of any aspect of |
| |
the proceedings while any provision of the equality enactments |
| |
continues to be in issue, but |
| 40 |
(b) | if there ceases to be any provision of the equality enactments in issue, |
| |
assistance may not be continued under subsection (1) in respect of the |
| |
proceedings (except in so far as it is permitted by virtue of subsection |
| |
| |
| |
| |
|
| |
| |
(6) | The Lord Chancellor may by order disapply subsection (5)(b), and enable the |
| |
Commission to give assistance under subsection (1), in respect of legal |
| |
| |
(a) | when instituted, relied both on a provision of the equality enactments |
| |
and on section 7(1) of the Human Rights Act 1998 (c. 42) (proceedings |
| 5 |
in respect of action by public authority incompatible with Convention |
| |
| |
(b) | have ceased to rely on the provision of the equality enactments. |
| |
(7) | The Secretary of State may by order enable the Commission to give assistance |
| |
under this section in respect of legal proceedings in the course of which an |
| 10 |
individual who is or has been a disabled person relies or proposes to rely on a |
| |
matter relating to his disability; but an order under this subsection may not |
| |
permit assistance in relation to alleged behaviour contrary to a provision of |
| |
Part V of the Disability Discrimination Act 1995 (c. 50). |
| |
(8) | An order under subsection (6) or (7) may make provision generally or only in |
| 15 |
relation to proceedings of a specified kind or description (which in the case of |
| |
an order under subsection (6) may, in particular, refer to specified provisions |
| |
of the equality enactments) or in relation to specified circumstances. |
| |
(9) | This section is without prejudice to the effect of any restriction imposed, in |
| |
respect of representation— |
| 20 |
(a) | by virtue of an enactment (including an enactment in or under an Act |
| |
of the Scottish Parliament), or |
| |
(b) | in accordance with the practice of a court. |
| |
31 | Legal assistance: costs |
| |
(1) | This section applies where— |
| 25 |
(a) | the Commission has assisted an individual under section 30 in relation |
| |
| |
(b) | the individual becomes entitled to some or all of his costs in the |
| |
proceedings (whether by virtue of an award or by virtue of an |
| |
| 30 |
(2) | The Commission’s expenses in providing the assistance— |
| |
(a) | shall be charged on sums paid to the individual by way of costs, and |
| |
(b) | may be enforced as a debt due to the Commission. |
| |
(3) | A requirement to pay money to the Commission under subsection (2) ranks, in |
| |
England and Wales, after a requirement imposed by virtue of section 11(4)(f) |
| 35 |
of the Access to Justice Act 1999 (c. 22) (recovery of costs in funded cases). |
| |
(4) | Subsection (2), in its application to Scotland, shall not affect the operation of |
| |
section 17(2A) of the Legal Aid (Scotland) Act 1986 (c. 47) (requirement in |
| |
certain cases to pay to the Scottish Legal Aid Board sums recovered under |
| |
awards of, or agreements as to, expenses). |
| 40 |
(5) | For the purposes of subsection (2) the Commission’s expenses shall be |
| |
calculated in accordance with such provision (if any) as the Secretary of State |
| |
makes for the purpose by regulations; and regulations may, in particular, |
| |
provide for the apportionment of expenditure incurred by the Commission— |
| |
(a) | partly for one purpose and partly for another, or |
| 45 |
(b) | for general purposes. |
| |
| |
| |
|
| |
| |
(6) | In the application of this section to Scotland a reference to costs shall be taken |
| |
as a reference to expenses. |
| |
32 | Judicial review and other legal proceedings |
| |
(1) | The Commission shall have capacity to institute or intervene in legal |
| |
proceedings, whether for judicial review or otherwise, if it appears to the |
| 5 |
Commission that the proceedings are relevant to a matter in connection with |
| |
which the Commission has a function. |
| |
(2) | The Commission shall be taken to have title and interest in relation to the |
| |
subject matter of any legal proceedings in Scotland which it has capacity to |
| |
institute, or in which it has capacity to intervene, by virtue of subsection (1). |
| 10 |
(3) | Subsections (1) and (2)— |
| |
(a) | do not create a cause of action, |
| |
(b) | are subject to any limitation or restriction imposed by virtue of an |
| |
enactment (including an enactment in or under an Act of the Scottish |
| |
Parliament) or in accordance with the practice of a court, and |
| 15 |
(c) | in particular, are without prejudice to the effect of any restriction in |
| |
section 7 of the Human Rights Act 1998 (c. 42). |
| |
33 | Public sector duties: assessment |
| |
(1) | The Commission may assess the extent to which or the manner in which a |
| |
person has complied with a duty under or by virtue of— |
| 20 |
(a) | section 76A, 76B or 76C of the Sex Discrimination Act 1975 (c. 65) |
| |
(public authorities: duty to eliminate discrimination, &c.), |
| |
(b) | section 71 of the Race Relations Act 1976 (c. 74) (public authorities: duty |
| |
to eliminate discrimination, &c.), or |
| |
(c) | section 49A or 49D of the Disability Discrimination Act 1995 (c. 50) |
| 25 |
(public authorities: duty to eliminate discrimination, &c.). |
| |
(2) | The Commission shall assess a matter specified in subsection (1) if directed to |
| |
do so by the Secretary of State. |
| |
(3) | Schedule 2 makes supplemental provision about assessments. |
| |
(4) | This section is without prejudice to the generality of sections 17 and 22. |
| 30 |
34 | Public sector duties: compliance notice |
| |
(1) | This section applies where the Commission thinks that a person has failed to |
| |
comply with a duty under or by virtue of — |
| |
(a) | section 76A, 76B or 76C of the Sex Discrimination Act 1975 (public |
| |
authorities: duty to eliminate discrimination, &c.), |
| 35 |
(b) | section 71 of the Race Relations Act 1976 (public authorities: duty to |
| |
eliminate discrimination, &c.), or |
| |
(c) | section 49A or 49D of the Disability Discrimination Act 1995 (public |
| |
authorities: duty to eliminate discrimination, &c.). |
| |
(2) | The Commission may give the person a notice requiring him— |
| 40 |
(a) | to comply with the duty, and |
| |
| |
| |
|
| |
| |
(b) | to give the Commission, within the period of 28 days beginning with |
| |
the date on which he receives the notice, written information of steps |
| |
taken for the purpose of complying with the duty. |
| |
(3) | A notice under this section may require a person to give the Commission |
| |
information required by the Commission for the purposes of assessing |
| 5 |
compliance with the duty; in which case the notice shall specify— |
| |
(a) | the period within which the information is to be given (which shall |
| |
begin with the date on which the notice is received and shall not exceed |
| |
| |
(b) | the manner and form in which the information is to be given. |
| 10 |
(4) | A person who receives a notice under this section shall comply with it. |
| |
(5) | But a notice under this section shall not oblige a person to give information that |
| |
he could not be compelled to give in proceedings before the High Court or the |
| |
| |
(6) | Paragraphs 12 and 14A of Schedule 2 shall have effect (with any necessary |
| 15 |
modifications) in relation to a requirement imposed by a notice under this |
| |
section as they have effect in relation to a requirement imposed by a notice |
| |
under paragraph 10 of that Schedule. |
| |
(7) | If the Commission thinks that a person, to whom a notice under this section has |
| |
been given, has failed to comply with a requirement of the notice, the |
| 20 |
Commission may apply to a county court (in England and Wales) or to the |
| |
sheriff (in Scotland) for an order requiring the person to comply. |
| |
| |
35 | Equality and human rights enactments |
| |
(1) | In this Part “the equality enactments” means— |
| 25 |
(a) | the Equal Pay Act 1970 (c. 41), |
| |
(b) | the Sex Discrimination Act 1975 (c. 65), |
| |
(c) | the Race Relations Act 1976 (c. 74), |
| |
(d) | the Disability Discrimination Act 1995 (c. 50), |
| |
| 30 |
(f) | the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. |
| |
| |
(g) | the Employment Equality (Religion or Belief) Regulations 2003 (S.I. |
| |
| |
(2) | In this Part “the equality and human rights enactments” means the equality |
| 35 |
enactments and the Human Rights Act 1998 (c. 42). |
| |
(3) | The Secretary of State may by order amend the list in subsection (1) so as to— |
| |
| |
| |
| 40 |
| |
(1) | In this Part “unlawful” means contrary to a provision of the equality |
| |
| |
| |
| |
|
| |
| |
(2) | But action is not unlawful for the purposes of this Part by reason only of the |
| |
fact that it contravenes a duty under or by virtue of— |
| |
(a) | section 76A, 76B or 76C of the Sex Discrimination Act 1975 (c. 65) |
| |
(public authorities duty to eliminate discrimination, &c.), |
| |
(b) | section 71 of the Race Relations Act 1976 (c. 74) (public authorities duty |
| 5 |
to eliminate discrimination, &c.), or |
| |
(c) | any of the following provisions of the Disability Discrimination Act |
| |
| |
(i) | Part 5 (public transport), |
| |
(ii) | sections 49A and 49D (public authorities), and |
| 10 |
(iii) | section 49G (consent to tenant’s improvements). |
| |
| |
| |
“act” includes deliberate omission, |
| |
“communities” has the meaning given by section 11, |
| 15 |
“the Commission” means the Commission for Equality and Human |
| |
| |
“disabled person” has the meaning given by section 10, |
| |
“human rights” has the meaning given by section 9, |
| |
“race” includes colour, nationality, ethnic origin and national origin, |
| 20 |
“religion or belief” has the same meaning as in Part 2 (as defined by |
| |
| |
“sexual orientation” means an individual’s sexual orientation towards— |
| |
(a) | persons of the same sex as him or her, |
| |
(b) | persons of the opposite sex, or |
| 25 |
| |
Dissolution of Existing Commissions |
| |
| |
(1) | The Secretary of State may by order provide for— |
| |
(a) | any of the former Commissions to cease to exist, or |
| 30 |
(b) | the removal from any of the former Commissions of a specified |
| |
| |
(2) | In this Part “the former Commissions” means— |
| |
(a) | the Equal Opportunities Commission, |
| |
(b) | the Commission for Racial Equality, and |
| 35 |
(c) | the Disability Rights Commission. |
| |
(3) | The Secretary of State shall by exercising the power under subsection (1) |
| |
ensure that each of the former Commissions ceases to exist not later than the |
| |
| |
| |
| |
|
