SCHEDULES
SCHEDULE 9 Equality: enforcement of duties
The Equality Commission
I11
The Equality Commission for Northern Ireland shall—
a
keep under review the effectiveness of the duties imposed by section 75;
b
offer advice to public authorities and others in connection with those duties; and
c
carry out the functions conferred on it by the following provisions of this Schedule.
Equality schemes
2
1
A public authority to which this sub-paragraph applies shall, before the end of the period of six months beginning with the commencement of this Schedule or, if later, the establishment of the authority, submit a scheme to the Commission.
2
Sub-paragraph (1) applies to any public authority except one which is notified in writing by the Commission that that sub-paragraph does not apply to it.
3
1
Where it thinks appropriate, the Commission may—
a
request a public authority to which paragraph 2(1) does not apply to make a scheme;
b
request any public authority to make a revised scheme.
2
A public authority shall respond to a request under this paragraph by submitting a scheme to the Commission before the end of the period of six months beginning with the date of the request.
4
1
A scheme shall show how the public authority proposes to fulfil the duties imposed by section 75 in relation to the relevant functions.
2
A scheme shall state, in particular, the authority’s arrangements—
a
for assessing its compliance with the duties under section 75 and for consulting on matters to which a duty under that section is likely to be relevant (including details of the persons to be consulted);
b
for assessing and consulting on the likely impact of policies adopted or proposed to be adopted by the authority on the promotion of equality of opportunity;
c
for monitoring any adverse impact of policies adopted by the authority on the promotion of equality of opportunity;
d
for publishing the results of such assessments as are mentioned in paragraph (b) and such monitoring as is mentioned in paragraph (c);
e
for training staff;
f
for ensuring, and assessing, public access to information and to services provided by the authority.
3
A scheme shall—
a
conform to any guidelines as to form or content which are issued by the Commission with the approval of the Secretary of State;
b
specify a timetable for measures proposed in the scheme; and
c
include details of how it will be published.
4
In this paragraph—
“equality of opportunity” means such equality of opportunity as is mentioned in section 75(1);
“the relevant functions” means the functions of the public authority or, in the case of a scheme submitted in response to a request which specifies particular functions of the public authority, those functions.
5
Before submitting a scheme a public authority shall consult, in accordance with any directions given by the Commission—
a
representatives of persons likely to be affected by the scheme; and
b
such other persons as may be specified in the directions.
6
1
On receipt of a scheme the Commission shall—
a
approve it; or
b
refer it to the Secretary of State.
2
Where the Commission refers a scheme to the Secretary of State under sub-paragraph (1)(b), it shall notify the Assembly in writing that it has done so and send the Assembly a copy of the scheme.
7
1
Where a scheme is referred to the Secretary of State he shall—
a
approve it;
b
request the public authority to make a revised scheme; or
c
make a scheme for the public authority.
2
A request under sub-paragraph (1)(b) shall be treated in the same way as a request under paragraph 3(1)(b).
3
Where the Secretary of State—
a
requests a revised scheme under sub-paragraph (1)(b); or
b
makes a scheme under sub-paragraph (1)(c),
he shall notify the Assembly in writing that he has done so and, in a case falling within paragraph (b), send the Assembly a copy of the scheme.
8
1
If a public authority wishes to revise a scheme it may submit a revised scheme to the Commission.
2
A revised scheme shall be treated as if it were submitted in response to a request under paragraph 3(1)(b).
3
A public authority shall, before the end of the period of five years beginning with the submission of its current scheme, or the latest review of that scheme under this sub-paragraph, whichever is the later, review that scheme and inform the Commission of the outcome of the review.
Duties arising out of equality schemes
9
1
In publishing the results of such an assessment as is mentioned in paragraph 4(2)(b), a public authority shall state the aims of the policy to which the assessment relates and give details of any consideration given by the authority to—
a
measures which might mitigate any adverse impact of that policy on the promotion of equality of opportunity; and
b
alternative policies which might better achieve the promotion of equality of opportunity.
2
In making any decision with respect to a policy adopted or proposed to be adopted by it, a public authority shall take into account any such assessment and consultation as is mentioned in paragraph 4(2)(b) carried out in relation to the policy.
3
In this paragraph “equality of opportunity” has the same meaning as in paragraph 4.
Complaints
10
1
If the Commission receives a complaint made in accordance with this paragraph of failure by a public authority to comply with a scheme approved or made under paragraph 6 or 7, it shall—
a
investigate the complaint; or
b
give the complainant reasons for not investigating.
2
A complaint must be made in writing by a person who claims to have been directly affected by the failure.
3
A complaint must be sent to the Commission during the period of 12 months starting with the day on which the complainant first knew of the matters alleged.
4
Before making a complaint the complainant must—
a
bring the complaint to the notice of the public authority; and
b
give the public authority a reasonable opportunity to respond.
Investigations
11
1
This paragraph applies to—
a
investigations required by paragraph 10; and
b
any other investigation carried out by the Commission where it believes that a public authority may have failed to comply with a scheme approved or made under paragraph 6 or 7.
2
The Commission shall send a report of the investigation to—
a
the public authority concerned;
b
the Secretary of State; and
c
the complainant (if any).
3
If a report recommends action by the public authority concerned and the Commission considers that the action is not taken within a reasonable time—
a
the Commission may refer the matter to the Secretary of State; and
b
the Secretary of State may give directions to the public authority in respect of any matter referred to him.
4
Where the Commission—
a
sends a report to the Secretary of State under sub-paragraph (2)(b); or
b
refers a matter to the Secretary of State under sub-paragraph (3)(a),
it shall notify the Assembly in writing that it has done so and, in a case falling within paragraph (a), send the Assembly a copy of the report.
5
Where the Secretary of State gives directions to a public authority under sub-paragraph (3)(b), he shall notify the Assembly in writing that he has done so.
Government departments
12
1
Paragraphs 6, 7 and 11(2)(b) and (3) do not apply to a government department which is such a public authority as is mentioned in section 75(3)(a).
2
On receipt of a scheme submitted by such a government department under paragraph 2 or 3 the Commission shall—
a
approve it; or
b
request the department to make a revised scheme.
3
A request under sub-paragraph (2)(b) shall be treated in the same way as a request under paragraph 3(1)(b).
4
Where a request is made under sub-paragraph (2)(b), the government department shall, if it does not submit a revised scheme to the Commission before the end of the period of six months beginning with the date of the request, send to the Commission a written statement of the reasons for not doing so.
5
The Commission may lay before Parliament and the Assembly a report of any investigation such as is mentioned in paragraph 11(1) relating to a government department such as is mentioned in sub-paragraph (1).