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The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011
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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 No. 1060
Article 2(2)
SCHEDULE 1AMENDMENTS TO PART 1 OF SCHEDULE 19 TO THE ACT
This schedule has no associated Explanatory Memorandum
1. Part 1 of Schedule 19 to the Act (public authorities: general) is amended as follows.
2. After the entry under the heading “Armed forces”, insert—
“Broadcasting
The British Broadcasting Corporation (“BBC”), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003(1)); and the reference to the BBC includes a reference to a body corporate which—
(a)is a wholly owned subsidiary of the BBC,
(b)is not operated with a view to generating a profit, and
(c)undertakes activities primarily in order to promote the BBC’s public purposes.
The Channel Four Television Corporation, except in respect of—
(a)functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003), and
(b)the function of carrying on the activities referred to in section 199 of that Act(2).
The Welsh Authority (as defined by section 56(1) of the Broadcasting Act 1990(3)), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003).
Civil liberties
The Commission for Equality and Human Rights.
The Information Commissioner.
Court services and legal services
The Children and Family Court Advisory and Support Service.
The Judicial Appointments Commission.
The Legal Services Board.
The Legal Services Commission.
Criminal justice
Her Majesty’s Chief Inspector of Constabulary.
Her Majesty’s Chief Inspector of the Crown Prosecution Service.
Her Majesty’s Chief Inspector of Prisons.
Her Majesty’s Chief Inspector of Probation for England and Wales.
The Parole Board for England and Wales.
A probation trust established by an order made under section 5(1) of the Offender Management Act 2007(4).
The Youth Justice Board for England and Wales.
Environment, housing and development
The Homes and Communities Agency.
Natural England.
The Office for Tenants and Social Landlords.
The Olympic Delivery Authority.”
3. For the heading “National Health Service” and the entries under it, substitute—
“Health, social care and social security
The Care Quality Commission.
The Child Maintenance and Enforcement Commission.
The Health Service Commissioner for England, in respect of—
(a)the Commissioner’s functions set out in paragraph 11 of Schedule 1 to the Health Service Commissioners Act 1993(5); and
(b)the Commissioner’s public procurement functions (as defined in section 155(3) of this Act).
The Independent Regulator of NHS Foundation Trusts.
An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006(6).
An NHS trust established under section 25 of that Act.
A Primary Care Trust established under section 18 of that Act, or continued in existence by virtue of that section.
A Special Health Authority established under section 28 of that Act other than NHS Blood and Transplant and the NHS Business Services Authority.
A Strategic Health Authority established under section 13 of that Act, or continued in existence by virtue of that section.”
4. After the entries under the heading “Health, social care and social security”, insert—
“Industry, business, finance etc.
The Advisory, Conciliation and Arbitration Service.
The Bank of England, in respect of its public functions.
The Civil Aviation Authority.
The Competition Commission.
The Financial Services Authority.
The National Audit Office.
The Office of Communications.”
5. Under the heading “Local government”, insert at the end—
“The Audit Commission for Local Authorities and the National Health Service in England.
A Local Commissioner in England as defined by section 23(3) of the Local Government Act 1974(7), in respect of—
(a)the Commissioner’s functions under sections 29(6A) and 34G(6) of that Act(8), and section 210(5) of the Apprenticeships, Skills, Children and Learning Act 2009(9); and
(b)the Commissioner’s public procurement functions (as defined in section 155(3) of this Act).
The Standards Board for England.”
6. Under the heading “Other educational bodies”, insert at the end—
“The Higher Education Funding Council for England.
A local authority with respect to the pupil referral units it establishes and maintains by virtue of section 19 of the Education Act 1996(10).
The proprietor of a City Technology College, a City College for Technology or the Arts, or an Academy.”
7. After the entries for “Other educational bodies”, insert—
“Parliamentary and devolved bodies
The National Assembly for Wales Commission (Comisiwn Cynulliad Cenedlaethol Cymru).
The Parliamentary Commissioner for Administration, in respect of—
(a)the Commissioner’s functions set out in section 3(1) and (1A) of the Parliamentary Commissioner Act 1967(11); and
(b)the Commissioner’s public procurement functions (as defined in section 155(3) of this Act).
The Scottish Parliamentary Corporate Body.”
8. For the heading “Police” and the entries under it, substitute—
“Police
The British Transport Police Force.
A chief constable of a police force maintained under section 2 of the Police Act 1996(12).
The Chief Inspector of the UK Border Agency.
The Civil Nuclear Police Authority.
The Commissioner of Police for the City of London.
The Commissioner of Police of the Metropolis.
The Common Council of the City of London in its capacity as a police authority.
The Independent Police Complaints Commission.
The Metropolitan Police Authority established under section 5B of the Police Act 1996(13).
A police authority established under section 3 of that Act.
A Port Police Force established under an order made under section 14 of the Harbours Act 1964(14).
The Port Police Force established under Part 10 of the Port of London Act 1968(15).
A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847(16).
The Serious Organised Crime Agency.”
9. After the entries for “Police”, insert—
“Regulators
The Association of Authorised Public Accountants, in respect of its public functions.
The Association of Certified Chartered Accountants, in respect of its public functions.
The Association of International Accountants, in respect of its public functions.
The Chartered Institute of Patent Attorneys, in respect of its public functions.
The Council for Licensed Conveyancers, in respect of its public functions.
The General Chiropractic Council, in respect of its public functions.
The General Council of the Bar, in respect of its public functions.
The General Dental Council, in respect of its public functions.
The General Medical Council, in respect of its public functions.
The Health and Safety Executive.
The Insolvency Practitioners Association, in respect of its public functions.
The Institute of Chartered Accountants in England and Wales, in respect of its public functions.
The Institute of Legal Executives, in respect of its public functions.
The Institute of Trade Mark Attorneys, in respect of its public functions.
The Law Society of England and Wales, in respect of its public functions.
The Nursing and Midwifery Council, in respect of its public functions.
The Office of the Immigration Services Commissioner.”
(1)
(2)
Section 199 was amended by the Digital Economy Act 2010 (c. 24), section 22(2).
(3)
1990 c. 42; section 56(1) was amended by the Communications Act 2003, Schedule 19(1).
(4)
(5)
1993 c. 46; paragraph 11 of Schedule 1 was amended by the Public Services Ombudsman (Wales) Act 2005 (c. 10), Schedule 6, paragraphs 27 and 53(1) and (8); the Government of Wales Act 1998 (c. 38), Schedule 10, paragraph 16(7) and Schedule 18, Part 1; and S.I. 2007/1889. It was repealed in relation to Scotland by the Scottish Public Services Ombudsman Act 2002 (2002 asp 11), paragraph 14 of schedule 6.
(6)
(7)
1974 c. 7; section 23(3) was amended by the Government of Wales Act 1998, Schedule 12, paragraph 13(3); the Local Government and Housing Act 1989 (c. 42), section 22(1) to (3); the Public Services Ombudsman (Wales) Act 2005, Schedule 6, paragraphs 7 and 8(1) and (4); and S.I. 2004/2359.
(8)
Section 29(6A) was inserted by S.I. 2007/1889 and amended by the Health Act 2009 (c. 21), Schedule 5, Part 2, paragraphs 4 and 8(1) and (3). Section 34G was inserted by the Health Act 2009, Schedule 5, Part 1, paragraphs 1 and 2.
(9)
(10)
1996 c. 56; section 19 was amended by the Children, Schools and Families Act 2010 (c. 26), section 3, Schedule 3, Part 1, paragraph 1 and Schedule 4, Part 1; the Education and Inspections Act 2006 (c. 40), section 101; the Education Act 1997 (c. 44), section 47(2) to (4), Schedule 8; and S.I. 2010/1158 and 2007/1507.
(11)
1967 c. 13; section 3(1A) was inserted by S.I. 2007/1889.
(12)
(13)
Section 5B was inserted by section 310(1) of the Greater London Authority Act 1999 (c. 29).
(14)
1964 c. 40; section 14 was amended by the Planning Act 2008 (c. 29), Schedule 2, paragraphs 8 and 9; the Transport and Works Act 1992 (c. 42), Schedule 3, paragraph 1 (6)); the Transport Act 1981 (c. 56), Schedule 6 and Schedule 12, Part 2; the Criminal Justice Act 1982 (c. 48), sections 37 and 46; and S.I. 2006/1177 and 2009/1941.
(15)
1968 c. 32; section 156 was amended by the Serious Organised Crime and Police Act 2005 (c. 15), Schedule 7, Part 3, paragraph 41(1) and (3); the Port of London Act 1982 (c. 9), section 3(1), Schedule 1, Part 1 and Schedule 2; and the Criminal Justice Act 1982, section 46.
(16)
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