(1) An order of a Minister of the Crown under this Part and regulations under this Part shall be made by statutory instrument.
(2) An order of a Minister of the Crown under this Part and regulations under this Part—
(a) may make provision generally or only for specified purposes,
(b) may make different provision for different purposes, and
(c) may include transitional, incidental or consequential provision.
(3) An order or regulations under any of the following provisions shall be subject to annulment in pursuance of a resolution of either House of Parliament—
(a) section 15(3),
(b) section 28,
(c) section 29,
(d) section 36, and
(e) Part 5 of Schedule 1.
(4) An order under section 15(6)—
(a) may, in particular, make consequential amendment of an enactment (including this Act and including an enactment in or under an Act of the Scottish Parliament), and
(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
(5) An incidental provision included in an order or regulations by virtue of subsection (2)(c) may, in particular, impose a requirement for consent to action under or by virtue of the order or regulations.
(1) If an order under section 93 provides for any of sections 1 to 3 and Schedule 1 to come into force (to any extent) at a time before any of sections 8 to 32 come into force (to any extent)—
(a) the period between that time and the commencement of any of sections 8 to 32 (to any extent) is the “transitional period” for the purposes of this section, and
(b) the following provisions of this section shall have effect.
(2) During the transitional period the minimum number of Commissioners shall be five (and not as provided by paragraph 1 of Schedule 1).
(3) The Secretary of State shall, as soon as is reasonably practicable after making the first appointments under that paragraph, appoint as additional members of the Commission (to be known as Transition Commissioners)—
(a) a commissioner of the Equal Opportunities Commission nominated by its chairman,
(b) a commissioner of the Commission for Racial Equality nominated by its chairman, and
(c) a commissioner of the Disability Rights Commission nominated by its chairman.
(4) A person may nominate himself as a Transition Commissioner.
(5) If a Transition Commissioner ceases to be a commissioner of the Commission whose chairman nominated him—
(a) he shall cease to be a Transition Commissioner,
(b) the chairman of that Commission shall nominate a replacement, and
(c) the Secretary of State shall appoint the nominated replacement.
(6) A person shall hold appointment as a Transition Commissioner until a time specified by order of the Secretary of State (subject to subsection (5)); and the Secretary of State shall specify a time which in his opinion is not more than two years after the time when, by virtue of section 36, the Commission whose chairman nominated the Transition Commissioner—
(a) ceases to exist, or
(b) loses its principal functions.
(7) In all other respects the provisions of this Part apply in relation to a Transition Commissioner as in relation to another Commissioner.
42 Transitional: functions of the dissolved Commissions
(1) An order under section 36(1)(a) or (b) may—
(a) provide for a former Commission to continue to exercise a function in respect of a transitional case of a kind specified;
(b) provide for the Commission for Equality and Human Rights to exercise a function of a former Commission in respect of a transitional case of a kind specified.
(2) An order under section 93 commencing a provision of Schedule 3 or 4 may include a saving or a consequential or incidental provision for the purpose of the operation of provision made by virtue of subsection (1) above; and the saving, consequential or incidental provision may, in particular, include provision applying, disapplying or modifying the application of a provision of this Act or of another enactment (including an enactment in or under an Act of the Scottish Parliament).
(3) A code of practice issued by a Commission dissolved by virtue of section 36, or which relates to a function of a Commission removed by virtue of section 36(1)(b)—
(a) shall continue to have effect until revoked by the Secretary of State, at the request of the Commission for Equality and Human Rights, by order made by statutory instrument, and
(b) may be revised by the Commission for Equality and Human Rights as if it had been issued under section 14.
(4) Consultation undertaken by a former Commission in relation to the issue or revision of a code of practice may be relied upon by the Commission for Equality and Human Rights for a purpose of section 14.
(5) An order under subsection (3)(a) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The Office of the First Minister and deputy First Minister may by regulations make provision about discrimination or harassment on grounds of sexual orientation.
(2) In subsection (1) “sexual orientation” has the same meaning as in the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (SR 2003 No. 497).
(3) The regulations may, in particular—
(a) make provision of a kind similar to Part 3 of the Race Relations Order (discrimination on grounds of race, etc. other than in employment field) and Part 4 of that Order so far as it applies for the purposes of Part 3;
(b) define discrimination;
(c) define harassment;
(d) make provision for enforcement (which may, in particular, include provision—
(i) creating a criminal offence of a kind similar to, and with the same maximum penalties as, an offence created by the Race Relations Order;
(ii) about validity and revision of contracts;
(iii) about discriminatory advertisements;
(iv) about instructing or causing discrimination or harassment);
(e) provide for exceptions (whether or not of a kind similar to those provided for by Part 6 of the Race Relations Order or any other enactment relating to discrimination);
(f) confer powers or impose duties or restrictions on the Equality Commission for Northern Ireland of a kind similar to those conferred or imposed on the Commission by Part 7 of the Race Relations Order;
(g) make provision which applies generally or only in specified cases or circumstances;
(h) make different provision for different cases or circumstances;
(i) include incidental or consequential provision (which may include provision amending an enactment);
(j) include transitional provision.
(4) The power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/ 1573 (NI 12)).
(5) Regulations may not be made under this section unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.
(6) In this section—
“the Race Relations Order” means the Race Relations (Northern Ireland) Order 1997 (SI 1997/869 (N.I. 6));
“enactment” includes an enactment contained in or made under Northern Ireland legislation.
This Act applies (except as is otherwise expressly provided) to—
(a) Ministers of the Crown,
(b) government departments,
(c) office-holders in the Scottish Administration (within the meaning of section 126(7) of the Scotland Act 1998 (c. 46)), and
(ca) the Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government,
(d) other agents of the Crown.
(1) The preceding provisions of this Act, except for sections 41, 42 and 86, shall come into force in accordance with provision made by the Secretary of State by order.
(2) An order under subsection (1)—
(a) shall be made by statutory instrument,
(b) may make provision generally or only for a specified purpose,
(c) may make different provision for different purposes, and
(d) may include transitional provisions and savings.
(1) This Act extends only to—
(a) England and Wales, and
(b) Scotland.
(2) But—
(a) section 82 extends only to Northern Ireland, and
(b) except as provided by subsection (3), an amendment of an enactment by this Act shall have the same extent as the enactment amended (or as the relevant part of the enactment amended).
(3) Paragraphs 36 to 38 ... of Schedule 3 (which amend the Estate Agents Act 1979 (c. 38) ...), together with corresponding entries in Schedule 4, shall not extend to Northern Ireland.
Section 2
Part 1 Constitution
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 Welsh Ministers, 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 2 Proceedings
Procedure
5 The 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.
8 At 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.
13 A 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).
14 The 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).
17 The Commission shall appoint as the Chairman of the Scotland Committee a Commissioner appointed for the purpose of satisfying paragraph 2(3)(b).
18 The 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.
19 The Scotland Committee shall advise the Commission about the exercise of the Commission's functions in so far as they affect Scotland.
20 Before 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23 In 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).
25 The Commission shall appoint as the Chairman of the Wales Committee a Commissioner appointed for the purpose of satisfying paragraph 2(3)(c).
26 The 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.
27 The Wales Committee shall advise the Commission about the exercise of its functions in so far as they affect Wales.
28 Before 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 In 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
33 The 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.
34 The 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 3 Money
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.
Secretary of State
38 The 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
39 The Commission may make a charge for a service provided under section 13 ....
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 4 Status, &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
43 In 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. ”
46 A 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
47 In 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
48 In 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. ”
SCHEDULE 2 Inquiries, Investigations and Assessments
Sections 16, 20 and 31
Introduction
1 This Schedule applies to—
(a) inquiries under section 16,
(b) investigations under section 20, and
(c) assessments under section 31.
Terms of reference
2 Before 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.
3 Before 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.
4 Before 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.
5 Paragraphs 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.
7 Arrangements 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 relevant lawyer.
(2A) “Relevant lawyer” means—
(a) an advocate or solicitor in Scotland, or
(b) a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).
(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
9 In 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.
11 The recipient of a notice under paragraph 9 may apply to the 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 the 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 5 of Schedule 1 to the Justice and Security Act 2013 (Intelligence and Security Committeeof Parliament),
(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
15 The 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.
18 A person to whom a recommendation in the report of an inquiry, investigation or assessment is addressed shall have regard to it.
Courts and tribunals
19 An 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 91
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 non-discrimination notice or”, “notice or”, and 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 non-discrimination notice or”, “notice or”, and 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— the words “and notices”, and 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.