Office of Public Sector Information
PART 1 continued
(1) In this Part (except section 30(3)) “unlawful” means contrary to a provision of the equality enactments.
(2) But action is not unlawful for the purposes of this Part by reason only of the fact that it contravenes a duty under or by virtue of—
(a) section 76A, 76B or 76C of the Sex Discrimination Act 1975 (c. 65) (public authorities: duty to eliminate discrimination, &c.),
(b) section 71 of the Race Relations Act 1976 (c. 74) (public authorities: duty to eliminate discrimination, &c.), or
(c) any of the following provisions of the Disability Discrimination Act 1995 (c. 50)—
(i) Part 5 (public transport),
(ii) sections 49A and 49D (public authorities), and
(iii) section 49G (consent to tenant’s improvements).
In this Part—
“act” includes deliberate omission,
“groups” has the meaning given by section 10,
“the Commission” means the Commission for Equality and Human Rights,
“disabled person” has the meaning given by section 8,
“human rights” has the meaning given by section 9,
“race” includes colour, nationality, ethnic origin and national origin,
“religion or belief” has the same meaning as in Part 2 (as defined by section 44), and
“sexual orientation” means an individual’s sexual orientation towards—
persons of the same sex as him or her,
persons of the opposite sex, or
both.
(1) The Secretary of State may by order provide for—
(a) any of the former Commissions to cease to exist, or
(b) the removal from any of the former Commissions of a specified function.
(2) In this Part “the former Commissions” means—
(a) the Equal Opportunities Commission,
(b) the Commission for Racial Equality, and
(c) the Disability Rights Commission.
(3) The Secretary of State shall by exercising the power under subsection (1) ensure that each of the former Commissions ceases to exist not later than the end of 31st March 2009.
(1) An order under section 36(1) in respect of any of the former Commissions may provide for the transfer to the Commission for Equality and Human Rights of specified property, rights and liabilities of the former Commission.
(2) The Secretary of State may give a former Commission any direction that the Secretary of State thinks appropriate in connection with the dissolution of the former Commission or the establishment of the Commission for Equality and Human Rights; and a direction may, in particular, require the former Commission—
(a) to provide information in connection with property, rights or liabilities;
(b) to provide information in connection with the exercise of functions;
(c) to transfer specified property, rights and liabilities to a specified person;
(d) to make property, staff or facilities available, on such terms or conditions as may be specified in the direction, to the Commission for Equality and Human Rights;
(e) not to take action of a specified kind or in specified circumstances.
(3) The Secretary of State may direct a former Commission to prepare a scheme for the transfer of specified property, rights and liabilities to—
(a) the Commission for Equality and Human Rights, or
(b) another person specified in the direction.
(4) If the Secretary of State gives a direction under subsection (3)—
(a) the former Commission shall prepare a scheme in accordance with the direction, having consulted either the Commission for Equality and Human Rights or the person specified under subsection (3)(b), and
(b) the scheme shall have effect—
(i) when approved by the Secretary of State, and
(ii) subject to any modifications made by him, having consulted the former Commission and either the Commission for Equality and Human Rights or the person specified under subsection (3)(b).
(5) Where a former Commission ceases to exist by virtue of section 36(1)(a), its property, rights and liabilities shall by virtue of this subsection vest in the Commission for Equality and Human Rights (and this subsection operates in addition to any transfer provided for by virtue of subsection (1) above).
(6) An order, direction or scheme under or by virtue of this section may, in particular—
(a) specify property, rights or liabilities;
(b) specify a class or description of property, rights or liabilities;
(c) specify property, rights or liabilities to a specified extent.
(1) A direction under section 37—
(a) shall be in writing,
(b) may be given only following consultation with the former Commission to which the direction relates and, where the Secretary of State thinks it appropriate, the Commission for Equality and Human Rights, and
(c) may be varied or revoked by a further direction.
(2) In so far as is appropriate as a consequence of a transfer effected by or by virtue of section 37—
(a) anything done by or in relation to any of the former Commissions which has effect immediately before the transfer shall continue to have effect as if done by or in relation to the Commission for Equality and Human Rights, and
(b) anything (including any legal proceedings) which immediately before the transfer is in the process of being done by or in relation to any of the former Commissions may be continued by or in relation to the Commission for Equality and Human Rights.
(3) In so far as is appropriate in consequence of a transfer effected by or by virtue of section 37 a reference to any of the former Commissions in an agreement, instrument or other document shall be treated as a reference to the Commission for Equality and Human Rights.
(4) Section 37, and a direction, scheme or order under or by virtue of that section, shall operate in relation to property, rights or liabilities—
(a) whether or not they would otherwise be capable of being transferred,
(b) without any instrument or other formality being required, and
(c) irrespective of any requirement for consent that would otherwise apply.
(5) A scheme or order under or by virtue of section 37 which relates to rights or liabilities under a contract of employment—
(a) must provide for the application of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794), and
(b) must provide that for any purpose relating to an employee of a former commission who becomes an employee of the Commission for Equality and Human Rights by virtue of the scheme or order—
(i) a period of employment with the former commission shall be treated as a period of employment with the Commission for Equality and Human Rights, and
(ii) the transfer to that Commission shall not be treated as a break in service.
(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 10(6), 15(6), 27(10) or 33(3)—
(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.
Schedule 3 (consequential amendments) shall have effect.
(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.
(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) In the Disability Discrimination Act 1995 (c. 50), the following shall be inserted after section 49H (conciliation of disputes about improvements to let dwelling houses in England and Wales)—
(1) The Disability Rights Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to a dispute of any description concerning the question whether—
(a) it is unreasonable for a landlord to withhold consent to the carrying out of any relevant work in relation to a house (within the meaning of the Housing (Scotland) Act 2006 (asp 01)) in Scotland, or
(b) any condition imposed by a landlord on consenting to the carrying out of any such work is unreasonable.
(2) Subsections (2) to (8) of section 28 apply for the purpose of this section as they apply for the purpose of that section and for that purpose a reference in that section to—
(a) a dispute arising under Part 3 is to be construed as a reference to a dispute mentioned in subsection (1), and
(b) arrangements under that section is to be construed as a reference to arrangements under subsection (1).
(3) In subsection (1), “relevant work”, in relation to a house, means work for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence.”
(2) In section 53A (codes of practice) of that Act—
(a) after subsection (1E) insert—
“(1F) The Commission may prepare and issue codes of practice giving practical guidance to landlords and tenants of houses (within the meaning of the Housing (Scotland) Act 2006 (asp 01)) in Scotland as to—
(a) circumstances in which the tenant requires the consent of the landlord to the carrying out of work in relation to the house for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence,
(b) circumstances in which it is unreasonable to withhold such consent,
(c) circumstances in which any condition imposed on the granting of such consent is unreasonable, and
(d) the application, in relation to such work, of—
(i) sections 28 to 31 and 34(6) of the Housing (Scotland) Act 2001 (asp 10), and
(ii) sections 52, 53 and 64(6) of the Housing (Scotland) Act 2006 (asp 01).”
(b) after subsection (4A) insert—
“(4B) Where a draft code of practice under subsection (1F) is submitted to the Secretary of State for approval, the Secretary of State must, before deciding whether to approve it, consult the Scottish Ministers.”
(c) after subsection (6A) insert—
“(6B) Before appointing a day under subsection (6)(a) for the coming into effect of a code of practice under subsection (1F), the Secretary of State shall consult the Scottish Ministers.”
(d) after subsection (8A) insert—
“(8B) Subsection (8A) does not apply to a code of practice under subsection (1F).”
(3) In section 7 of the Disability Rights Commission Act 1999 (c. 17) (provision of assistance in relation to proceedings), in subsection (1), after paragraph (aa) insert—
“(ab) proceedings in Scotland of any description to the extent that the question whether—
(i) it is unreasonable for a landlord to withhold consent to the carrying out of work in relation to a house (within the meaning of the Housing (Scotland) Act 2006 (asp 01)) in Scotland for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence, or
(ii) any condition imposed by a landlord on consenting to the carrying out of any such work is unreasonable,
falls to be considered in the proceedings,”.
Equality Act 2006