SCHEDULES

Section 2

SCHEDULE 1The Commission: Constitution, &c.

Part 1Constitution

Membership

1(1)The Secretary of State shall appoint not less than 10 or more than 15 individuals as members of the Commission (to be known as Commissioners).

(2)The chief executive of the Commission (appointed under paragraph 7 below) shall be a Commissioner ex officio.

2(1)In appointing Commissioners the Secretary of State shall—

(a)appoint an individual only if the Secretary of State thinks that the individual—

(i)has experience or knowledge relating to a relevant matter, or

(ii)is suitable for appointment for some other special reason, and

(b)have regard to the desirability of the Commissioners together having experience and knowledge relating to the relevant matters.

(2)For the purposes of sub-paragraph (1) the relevant matters are those matters in respect of which the Commission has functions including, in particular—

(a)discrimination (whether on grounds of age, disability, gender, gender reassignment, race, religion or belief, sexual orientation or otherwise), and

(b)human rights.

(3)The Secretary of State shall ensure that the Commission includes—

(a)a Commissioner appointed under paragraph 1(1) who is (or has been) a disabled person,

(b)a Commissioner appointed under paragraph 1(1), with the consent of the Scottish Ministers, who knows about conditions in Scotland, and

(c)a Commissioner appointed under paragraph 1(1), with the consent of the National Assembly for Wales, who knows about conditions in Wales.

(4)A person may not be appointed for the purpose of satisfying more than one paragraph of sub-paragraph (3).

Tenure

3(1)A Commissioner shall hold and vacate office in accordance with the terms of his appointment (subject to this Schedule).

(2)The appointment of a Commissioner must be expressed to be for a specified period of not less than two years or more than five years.

(3)A Commissioner whose period of membership has expired may be re-appointed.

(4)A Commissioner may resign by notice in writing to the Secretary of State.

(5)The Secretary of State may dismiss a Commissioner who is, in the opinion of the Secretary of State, unable, unfit or unwilling to perform his functions.

(6)This paragraph does not apply to the chief executive.

Chairman

4(1)The Secretary of State shall appoint—

(a)a Commissioner as Chairman, and

(b)one or more Commissioners as deputy Chairman.

(2)The Chairman shall—

(a)preside over meetings of the Commission,

(b)perform such functions as may be specified in the terms of his appointment, and

(c)perform such other functions as may be assigned to him by the Commission.

(3)A deputy Chairman—

(a)may act for the Chairman when he is unavailable, and

(b)shall perform—

(i)such functions as may be specified in the terms of his appointment, and

(ii)such other functions as the Chairman may delegate or assign to him.

(4)The Chairman or a deputy Chairman—

(a)shall vacate office if he ceases to be a Commissioner,

(b)may resign by notice in writing to the Secretary of State, and

(c)otherwise, shall hold and vacate office in accordance with the terms of his appointment (and may be reappointed).

(5)If the Chairman resigns he shall cease to be a Commissioner (but he may be reappointed as a Commissioner).

(6)The chief executive may not be appointed Chairman or deputy Chairman.

Part 2Proceedings

Procedure

5The Commission may regulate its own proceedings (subject to this Schedule).

6(1)The Commission shall determine a quorum for its meetings.

(2)At least five Commissioners must participate in the process by which a determination under sub-paragraph (1) is made.

Staff

7(1)The Commission—

(a)shall appoint a chief executive, and

(b)may appoint other staff.

(2)A person may be appointed under sub-paragraph (1)(a) only with the consent of the Secretary of State.

(3)An appointment may be made under sub-paragraph (1)(b) only if consistent with arrangements determined by the Commission and approved by the Secretary of State as to—

(a)numbers, and

(b)terms and conditions of appointment.

8At the end of section 3(2) of the Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) (exempt employers) add— “; and

(c)the Commission for Equality and Human Rights.”

Investigating Commissioners

9(1)The Commission may appoint one or more Investigating Commissioners.

(2)An Investigating Commissioner may be appointed only—

(a)for the purpose of having delegated to him by the Commission the function of taking action of a kind listed in sub-paragraph (3), and

(b)with the consent of the Secretary of State.

(3)The kinds of action referred to in sub-paragraph (2)(a) are—

(a)carrying out an inquiry under section 16,

(b)carrying out an investigation under section 20,

(c)giving an unlawful act notice under section 21, and

(d)entering into an agreement under section 23.

(4)An Investigating Commissioner is not a Commissioner; but paragraphs 3(1), (4) and (5) and 33 apply to him as if he were (and with the substitution of references to the Commission for references to the Secretary of State).

Delegation

10(1)The Commission may delegate a function—

(a)to a Commissioner,

(b)to staff, or

(c)in accordance with paragraph 9, to an Investigating Commissioner.

(2)Paragraphs 15, 21, 22, 29, 30 and 52 make provision about delegation to committees.

Committees

11(1)The Commission may establish one or more committees (to be known as advisory committees) to advise—

(a)the Commission, or

(b)an Investigating Commissioner.

(2)An advisory committee may include any of the following—

(a)Commissioners;

(b)staff;

(c)other non-Commissioners.

12(1)The Commission may establish one or more committees to whom the Commission may delegate functions (to be known as decision-making committees).

(2)A decision-making committee may include any of the following—

(a)Commissioners;

(b)staff;

(c)other non-Commissioners.

(3)The Commission shall ensure that the Chairman of each decision-making committee is a Commissioner.

(4)In allocating its resources the Commission shall ensure that each decision-making committee receives a share sufficient to enable it to exercise its functions.

13A member of a committee shall hold and vacate office in accordance with the terms of his appointment by the Commission (which may include provision for dismissal).

14The Commission—

(a)may, to any extent, regulate the proceedings of a committee (and may, in particular, determine a quorum for meetings),

(b)may, to any extent, permit a committee to regulate its own proceedings (and may, in particular, enable a committee to determine a quorum for meetings), and

(c)may dissolve a committee.

15(1)The Commission may delegate a function to a decision-making committee.

(2)This paragraph is subject to paragraphs 21, 22, 29, 30 and 52.

Scotland Committee

16(1)The Commission shall establish a decision-making committee to be known as the Scotland Committee.

(2)The Commission shall ensure that the Scotland Committee is established before any of sections 8 to 12 comes into force (to any extent).

17The Commission shall appoint as the Chairman of the Scotland Committee a Commissioner appointed for the purpose of satisfying paragraph 2(3)(b).

18The Commission shall appoint each member of the Scotland Committee for a period of not less than two years or more than 5 years, subject to the possibilities of—

(a)reappointment, and

(b)dismissal in accordance with the terms of appointment.

19The Scotland Committee shall advise the Commission about the exercise of the Commission’s functions in so far as they affect Scotland.

20Before exercising a function in a manner which in the opinion of the Commission is likely to affect persons in Scotland, the Commission shall consult the Scotland Committee.

21(1)The power under section 13—

(a)shall be treated by virtue of this paragraph as having been delegated by the Commission to the Scotland Committee in so far as its exercise, in the opinion of the Commission, affects Scotland, and

(b)to that extent shall not be exercisable by the Commission.

(2)Sub-paragraph (1) shall not apply to the power under section 13 in so far as it is treated as delegated to the Disability Committee in accordance with paragraph 52.

(3)Sub-paragraph (1) shall not prevent the Commission from making arrangements under section 13(1)(d) or (e) for the provision of advice or guidance to persons anywhere in Great Britain.

22(1)The power under section 11(2)(c)—

(a)shall be treated by virtue of this paragraph as having been delegated by the Commission to the Scotland Committee in so far as it concerns the giving of advice to devolved government about enactments which, in the opinion of the Commission, affect only Scotland, and

(b)to that extent shall not be exercisable by the Commission.

(2)The power under section 11(2)(d)—

(a)shall be treated by virtue of this paragraph as having been delegated by the Commission to the Scotland Committee in so far as it concerns the giving of advice to devolved government about proposed changes in the law which, in the opinion of the Commission, would affect only Scotland, and

(b)to that extent shall not be exercisable by the Commission.

(3)Sub-paragraphs (1) and (2) shall not apply to the powers under section 11(2)(c) and (d) in so far as they are treated as delegated to the Disability Committee in accordance with paragraph 52.

23In allocating its resources the Commission shall ensure that the Scotland Committee receives a share sufficient to enable it to exercise its functions.

Wales Committee

24(1)The Commission shall establish a decision-making committee to be known as the Wales Committee.

(2)The Commission shall ensure that the Wales Committee is established before any of sections 8 to 12 comes into force (to any extent).

25The Commission shall appoint as the Chairman of the Wales Committee a Commissioner appointed for the purpose of satisfying paragraph 2(3)(c).

26The Commission shall appoint each member of the Wales Committee for a period of not less than two years or more than 5 years, subject to the possibilities of—

(a)reappointment, and

(b)dismissal in accordance with the terms of appointment.

27The Wales Committee shall advise the Commission about the exercise of its functions in so far as they affect Wales.

28Before exercising a function in a manner which in the opinion of the Commission is likely to affect persons in Wales, the Commission shall consult the Wales Committee.

29(1)The power under section 13—

(a)shall be treated by virtue of this paragraph as having been delegated by the Commission to the Wales Committee in so far as its exercise, in the opinion of the Commission, affects Wales, and

(b)to that extent shall not be exercisable by the Commission.

(2)Sub-paragraph (1) does not apply to the power under section 13 in so far as it is treated as delegated to the Disability Committee in accordance with paragraph 52.

(3)Sub-paragraph (1) shall not prevent the Commission from making arrangements under section 13(1)(d) or (e) for the provision of advice or guidance to persons anywhere in Great Britain.

30(1)The power under section 11(2)(c)—

(a)shall be treated by virtue of this paragraph as having been delegated by the Commission to the Wales Committee in so far as it concerns the giving of advice to devolved government about enactments which, in the opinion of the Commission, affect only Wales, and

(b)to that extent shall not be exercisable by the Commission.

(2)The power under section 11(2)(d)—

(a)shall be treated by virtue of this paragraph as having been delegated by the Commission to the Wales Committee in so far as it concerns the giving of advice to devolved government about proposed changes in the law which, in the opinion of the Commission, would affect only Wales, and

(b)to that extent shall not be exercisable by the Commission.

(3)Sub-paragraphs (1) and (2) shall not apply to the powers under section 11(2)(c) and (d) in so far as they are treated as delegated to the Disability Committee in accordance with paragraph 52.

31In allocating its resources the Commission shall ensure that the Wales Committee receives a share sufficient to enable it to exercise its functions.

Annual report

32(1)The Commission shall for each financial year prepare a report on the performance of its functions in that year (to be known as its annual report).

(2)An annual report shall, in particular, indicate in what manner and to what extent the Commission’s performance of its functions has accorded to the plan under section 4.

(3)The matters addressed by an annual report shall, in particular, include the Commission’s activities in relation to—

(a)Scotland, and

(b)Wales.

(4)The Commission shall send each annual report to the Secretary of State within such period, beginning with the end of the financial year to which the report relates, as he may specify.

(5)The Secretary of State shall lay before Parliament a copy of each annual report received under sub-paragraph (4).

(6)The Commission shall send a copy of each annual report to—

(a)the Scottish Parliament, and

(b)the National Assembly for Wales.

Savings

33The validity of proceedings of the Commission shall not be affected by—

(a)a vacancy (whether for Commissioner, Chairman, deputy Chairman or chief executive), or

(b)a defect in relation to an appointment.

34The validity of proceedings of a committee of the Commission shall not be affected by—

(a)a vacancy (including a vacancy in the office of Chairman), or

(b)a defect in relation to an appointment (including a defect in relation to the office of Chairman).

Part 3Money

Remuneration, &c.

35(1)The Commission may pay to the Chairman, a deputy Chairman or another Commissioner—

(a)such remuneration as the Secretary of State may determine, and

(b)such travelling and other allowances as the Secretary of State may determine.

(2)The Commission may pay to or in respect of the Chairman, a deputy Chairman or another Commissioner such sums as the Secretary of State may determine by way of, or in respect of, pensions, allowances or gratuities.

(3)If the Secretary of State thinks that there are special circumstances that make it right for a person ceasing to hold office as Chairman, deputy Chairman or Commissioner to receive compensation, the Commission may pay to him such compensation as the Secretary of State may determine.

(4)This paragraph does not apply to the Chief Executive.

36(1)The Commission may pay sums to or in respect of a member or former member of staff by way of or in respect of—

(a)remuneration,

(b)allowances,

(c)pensions,

(d)gratuities, or

(e)compensation for loss of employment.

(2)In Schedule 1 to the Superannuation Act 1972 (c. 11) (employment to which superannuation schemes may extend) in the list of other bodies insert at the appropriate place—

(a)“The Commission for Equality and Human Rights.”

(3)The Commission shall pay to the Minister for the Civil Service such sums as he may determine in respect of any increase attributable to sub-paragraph (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c. 11).

37(1)The Commission may, with the approval of the Secretary of State, pay sums to or in respect of a member or former member of an advisory or decision-making committee by way of or in respect of—

(a)remuneration,

(b)allowances, or

(c)gratuities.

(2)This paragraph does not apply in relation to a person who is a member of staff of the Commission.

(3)Approval for the purposes of sub-paragraph (1) may be general or specific.

Funding by Secretary of State

38The Secretary of State shall pay to the Commission such sums as appear to the Secretary of State reasonably sufficient for the purpose of enabling the Commission to perform its functions.

Charging

39The Commission may make a charge for a service provided under section 13 or 27.

Accounts

40(1)The Commission shall—

(a)keep proper accounting records, and

(b)prepare a statement of accounts in respect of each financial year in such form as the Secretary of State may direct.

(2)The Commission shall send a copy of a statement under sub-paragraph (1)(b) to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General.

(3)A copy of a statement must be sent under sub-paragraph (2) within such period, beginning with the end of the financial year to which the statement relates, as the Secretary of State may direct.

(4)The Comptroller and Auditor General shall—

(a)examine, certify and report on a statement received under this paragraph, and

(b)lay a copy of the statement and his report before Parliament.

(5)The Secretary of State may make a direction under sub-paragraph (1)(b) only with the consent of the Treasury.

Financial year

41(1)The financial year of the Commission shall be the period of 12 months ending with 31st March.

(2)But the first financial year of the Commission shall be the period—

(a)beginning with the coming into force of section 1, and

(b)ending with—

(i)the following 31st March, if that section comes into force on 1st April, and

(ii)the second following 31st March, in any other case.

Part 4Status, &c.

Status

42(1)The Commission shall not—

(a)be regarded as the servant or agent of the Crown, or

(b)enjoy any status, immunity or privilege of the Crown.

(2)Service as Commissioner, Investigating Commissioner or employee of the Commission is not employment in the civil service of the State.

(3)The Secretary of State shall have regard to the desirability of ensuring that the Commission is under as few constraints as reasonably possible in determining—

(a)its activities,

(b)its timetables, and

(c)its priorities.

Supervision

43In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments, &c. subject to investigation) at the appropriate place insert—

“The Commission for Equality and Human Rights.”

Disqualifications

44(1)In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies all members of which are disqualified) at the appropriate place insert—

“The Commission for Equality and Human Rights.”

(2)In Part III of that Schedule (other disqualifying offices) at the appropriate place insert—

“Investigating Commissioner of, or member of a decision-making committee of, the Commission for Equality and Human Rights.”

45(1)In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies all members of which are disqualified) at the appropriate place insert—

“The Commission for Equality and Human Rights.”

(2)In Part III of that Schedule (other disqualifying offices) at the appropriate place insert—

“Investigating Commissioner of, or member of a decision-making committee of, the Commission for Equality and Human Rights.”

46A Commissioner or Investigating Commissioner, and a member of a decision-making committee of the Commission, shall be disqualified from being a member of the National Assembly for Wales.

Records

47In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records) at the appropriate place in Part II of the Table at the end of paragraph 3 insert—

“The Commission for Equality and Human Rights.”

Freedom of information

48In Part VI of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public bodies) at the appropriate place insert—

“The Commission for Equality and Human Rights.”

Part 5Disability Committee

Establishment

49(1)The Commission shall establish a decision-making committee to be known as the Disability Committee.

(2)The Commission shall ensure that the Disability Committee is established before either section 8 or section 10, in so far as they relate to disability, comes into force (to any extent).

Membership

50(1)The Commission shall ensure that—

(a)there are not less than 7 or more than 9 members of the Disability Committee,

(b)at least one half of the members are (or have been) disabled persons, and

(c)the Chairman is (or has been) a disabled person.

(2)The Transition Commissioner nominated by the chairman of the Disability Rights Commission may not be a member of the Disability Committee.

51The appointment of each member of the Disability Committee shall be for a period of not less than two years or more than 5 years, subject to the possibilities of—

(a)reappointment,

(b)dismissal in accordance with the terms of appointment, and

(c)the lapsing of the appointment upon the dissolution of the Committee.

Functions

52(1)The Commission shall by virtue of this paragraph be treated as having delegated to the Disability Committee—

(a)the Commission’s duty under section 8 in so far as it relates to disability matters and may be fulfilled by the exercise of the powers conferred by or referred to in—

(i)section 11,

(ii)section 13(1)(a), (c) or (d) (or paragraph (e) or (f) in so far as it relates to paragraph (a), (c) or (d)),

(iii)section 14,

(iv)section 15,

(v)section 19, in so far as it relates to disability,

(vi)section 27,

(vii)section 28, or

(viii)section 30,

(b)the Commission’s duty under section 10 in so far as it relates to disability and may be fulfilled by the exercise of those powers, and

(c)those powers in so far as they are or may be exercised for the purpose of disability matters.

(2)Delegation under this paragraph shall not prevent the exercise by the Commission of a power, or the fulfilment by the Commission of a duty, by action which relates partly to disability matters and partly to other matters.

(3)In this paragraph “disability matters” means—

(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

(c)matters addressed in sections 14(3) and (4), 27(2) and (3) and 28(2) and (3).

(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.

53Before 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.

54The 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

55In 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

57The 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.

58The 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,

(c)a person who is or has been an Investigating Commissioner, and

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

59The 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

(c)that the report is published.

60As 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.

61As 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.

62An 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.

63The 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.

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

Sections 16, 20 and 31

SCHEDULE 2Inquiries, Investigations and Assessments

Introduction

1This Schedule applies to—

(a)inquiries under section 16,

(b)investigations under section 20, and

(c)assessments under section 31.

Terms of reference

2Before 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.

3Before 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,

(c)give the person to be investigated an opportunity to make representations about the proposed terms of reference,

(d)consider any representations made, and

(e)publish the terms of reference once settled.

4Before 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,

(c)give the person an opportunity to make representations about the proposed terms of reference,

(d)consider any representations made, and

(e)publish the terms of reference once settled.

5Paragraphs 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.

7Arrangements 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

9In 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

(c)to give oral evidence.

(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

(c)may not require a person to attend at a place unless the Commission undertakes to pay the expenses of his journey.

11The 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

(c)makes a false statement in giving oral evidence in accordance with a notice under paragraph 9.

(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

(c)the Government Communications Headquarters.

(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

15The 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.

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

Courts and tribunals

19An 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 3Amendments Consequential on Part 1

Public Records Act 1958 (c. 51)

1In 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)

2In 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

(c)the Equal Opportunities Commission.

Superannuation Act 1972 (c. 11)

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

(a)the Commission for Racial Equality,

(b)the Disability Rights Commission, and

(c)the Equal Opportunities Commission.

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

(c)the Equal Opportunities Commission.

(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

(c)the Equal Opportunities Commission.

(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)

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

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

8At 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.”

9At 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.”

10At 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.”

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

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

13Section 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”.

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

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

17In section 81 (orders)—

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

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

18In 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.

19In 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”.

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

Race Relations Act 1976 (c. 74)

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

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

23At 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.”

24At 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.”

25At 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.”

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

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

28Section 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”.

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

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

32In 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

(c)subsection (5) shall cease to have effect.

33In 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.

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

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

(a)omit the references to—

(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)

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

37In 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)

40In 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)

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

42At 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.”

43At 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.”

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

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

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

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

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

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

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

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

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

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

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

55In 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)

57After 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)

58In 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)

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

Freedom of Information Act 2000 (c. 36)

60In 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

(c)the Equal Opportunities Commission.

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

61In 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—

“Equality Act 2006

53BSection 6 of the Equality Act 2006.”

Housing (Scotland) Act 2001 (asp 10)

62In 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)

63In 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

(c)section 67(2)(b)(i).

Section 91

SCHEDULE 4Repeals