(1)There shall be a body of Commissioners named the Commission for Racial Equality consisting of at least eight but not more than fifteen individuals each appointed by the Secretary of State on a full-time or part-time basis, which shall have the following duties—
[F1(1A)One of the Commissioners shall be a person who appears to the Secretary of State to have special knowledge of Scotland.]
(a)to work towards the elimination of discrimination;
(b)to promote equality of opportunity, and good relations, between persons of different racial groups generally; and
(c)to keep under review the working of this Act and, when they are so required by the Secretary of State or otherwise think it necessary, draw up and submit to the Secretary of State proposals for amending it.
(2)The Secretary of State shall appoint—
(a)one of the Commissioners to be chairman of the Commission; and
(b)either one or more of the Commissioners (as the Secretary of State thinks fit) to be deputy chairman or deputy chairmen of the Commission.
(3)The Secretary of State may by order amend subsection (1) so far as it regulates the number of Commissioners.
(4)Schedule 1 shall have effect with respect to the Commission.
(5)The Race Relations Board and the Community Relations Commission are hereby abolished.
Textual Amendments
F1S. 43(1A) inserted (1.7.1999) by S.I. 1999/1756, art. 2, Sch. para. 6 (with art. 8); S.I. 1998/3178, art. 3
Modifications etc. (not altering text)
C1S. 43(1) modified (W.) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2
S. 43(1) amended (S.) (1.7.1999) by S.I. 1999/1750, art. 4, Sch. 3
C2S. 43(1A) restricted (1.7.1999) by S.I. 1999/1756, art. 8(2)(b) (with art. 8); S.I. 1998/3178, art. 3
(1)The Commission may give financial or other assistance to any organisation appearing to the Commission to be concerned with the promotion of equality of opportunity, and good relations, between persons of different racial groups, but shall not give any such financial assistance out of money provided (through the Secretary of State) by Parliament except with the approval of the Secretary of State given with the consent of the Treasury.
(2)Except in so far as other arrangements for their discharge are made and approved under paragraph 13 of Schedule 1—
(a)the Commission’s functions under subsection (1); and
(b)other functions of the Commission in relation to matters connected with the giving of such financial or other assistance as is mentioned in that subsection,
shall be discharged under the general direction of the Commission by a committee of the Commission consisting of at least three but not more than five Commissioners, of whom one shall be the deputy chairman or one of the deputy chairmen of the Commission.
(1)The Commission may undertake or assist (financially or otherwise) the undertaking by other persons of any research, and any educational activities, which appear to the Commission necessary or expedient for the purposes of section 43(1).
(2)The Commission may make charges for educational or other facilities or services made available by them.
(1)As soon as practicable after the end of each calendar year the Commission shall make to the Secretary of State a report on their activities during the year (an “annual report").
(2)Each annual report shall include a general survey of developments, during the period to which it relates, in respect of matters falling within the scope of the Commission’s functions.
(3)The Secretary of State shall lay a copy of every annual report before each House of Parliament, and shall cause the report to be published.
(1)The Commission may issue codes of practice containing such practical guidance as the Commission think fit for [F2all or any]of the following purposes, namely—
(a)the elimination of discrimination in the field of employment;
(b)the promotion of equality of opportunity in that field between persons of different racial groups;
[F3(c)the elimination of discrimination in the field of housing . . . F4;
(d)the promotion of equality of opportunity in the field of . . . F4housing between persons of different racial groups]
(2)When the Commission propose to issue a code of practice, they shall prepare and publish a draft of that code, shall consider any representations made to them about the draft and may modify the draft accordingly.
(3)In the course of preparing any draft code of practice [F5relating to the field of employment] for eventual publication under subsection (2) the Commission shall consult with—
(a)such organisations or associations of organisations representative of employers or of workers; and
(b)such other organisations, or bodies,
as appear to the Commission to be appropriate.
[F6(3A)In the course of preparing any draft code of practice relating to the field of . . . F4housing for eventual publication under subsection (2) the Commission shall consult with such organisations or bodies as appear to the Commission to be appropriate having regard to the content of the draft code.]
(4)If the Commission determine to proceed with [F7a draft code of practice], they shall transmit the draft to the Secretary of State who shall—
(a)if he approves of it, lay it before both Houses of Parliament; and
(b)if he does not approve of it, publish details of his reasons for withholding approval.
(5)If, within the period of forty days beginning with the day on which a copy of a draft code of practice is laid before each House of Parliament, or, if such copies are laid on different days, with the later of the two days, either House so resolves, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft.
(6)In reckoning the period of forty days referred to in subsection (5), no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(7)If no such resolution is passed as is referred to in subsection (5), the Commission shall issue the code in the form of the draft and the code shall come into effect on such day as the Secretary of State may by order appoint.
(8)Without prejudice to section 74(3), an order under subsection (7) may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code of practice thereby brought into operation.
(9)The Commission may from time to time revise the whole or any part of a code of practice issued under this section and issue that revised code, and subsections (2) to (8) shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of a code.
(10)A failure on the part of any person to observe any provision of a code of practice shall not of itself render him liable to any proceedings; but in any proceedings under this Act before an [F8employment tribunal][F9a county court or, in Scotland, a sheriff court] any code of practice issued under this section shall be admissible in evidence, and if any provision of such a code appears to the tribunal [F9or the court] to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
(11)Without prejudice to subsection (1), a code of practice issued under this section may include such practical guidance as the Commission think fit as to what steps it is reasonably practicable for employers to take for the purpose of preventing their employees from doing in the course of their employment acts made unlawful by this Act.
Subordinate Legislation Made
P1For previous exercises of this power see Index to Government Orders.
P2S.47(7) power exercised by S.I. 1991/227
Textual Amendments
F2Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 137(2)
F4Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 180, 194, Sch. 12 Pt. II
F5Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 137(3)
F6S. 47(3A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 137(3)
F7Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 137(4)
F8Words in s. 47(10) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F9Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 137(5)
(1)Without prejudice to their general power to do anything requisite for the performance of their duties under section 43(1), the Commission may if they think fit, and shall if required by the Secretary of State, conduct a formal investigation for any purpose connected with the carrying out of those duties.
(2)The Commission may, with the approval of the Secretary of State, appoint, on a full-time or part-time basis, one or more individuals as additional Commissioners for the purposes of a formal investigation.
(3)The Commission may nominate one or more Commissioners, with or without one or more additional Commissioners, to conduct a formal investigation on their behalf, and may delegate any of their functions in relation to the investigation to the persons so nominated.
(1)The Commission shall not embark on a formal investigation unless the requirements of this section have been complied with.
(2)Terms of reference for the investigation shall be drawn up by the Commission or, if the Commission were required by the Secretary of State to conduct the investigation, by the Secretary of State after consulting the Commission.
(3)It shall be the duty of the Commission to give general notice of the holding of the investigation unless the terms of reference confine it to activities of persons named in them, but in such a case the Commission shall in the prescribed manner give those persons notice of the holding of the investigation.
(4)Where the terms of reference of the investigation confine it to activities of persons named in them and the Commission in the course of it propose to investigate any act made unlawful by this Act which they believe that a person so named may have done, the Commission shall—
(a)inform that person of their belief and of their proposal to investigate the act in question; and
(b)offer him an opportunity of making oral or written representations with regard to it (or both oral and written representations if he thinks fit);
and a person so named who avails himself of an opportunity under this subsection of making oral representations may be represented—
(i)by counsel or a solicitor; or
(ii)by some other person of his choice, not being a person to whom the Commission object on the ground that he is unsuitable.
(5)The Commission or, if the Commission were required by the Secretary of State to conduct the investigation, the Secretary of State after consulting the Commission may from time to time revise the terms of reference; and subsections (1), (3) and (4) shall apply to the revised investigation and terms of reference as they applied to the original.
(1)For the purposes of a formal investigation the Commission, by a notice in the prescribed form served on him in the prescribed manner—
(a)may require any person to furnish such written information as may be described in the notice, and may specify the time at which, and the manner and form in which, the information is to be furnished;
(b)may require any person to attend at such time and place as is specified in the notice and give oral information about, and produce all documents in his possession or control relating to, any matter specified in the notice.
(2)Except as provided by section 60, a notice shall be served under subsection (1) only where—
(a)service of the notice was authorised by an order made by the Secretary of State; or
(b)the terms of reference of the investigation state that the Commission believe that a person named in them may have done or may be doing acts of all or any of the following descriptions—
(i)unlawful discriminatory acts;
(ii)contraventions of section 28; and
(iii)contraventions of sections 29, 30 or 31,
and confine the investigation to those acts.
(3)A notice under subsection (1) shall not require a person—
(a)to give information, or produce any documents, which he could not be compelled to give in evidence, or produce, in civil proceedings before the High Court or the Court of Session; or
(b)to attend at any place unless the necessary expenses of his journey to and from that place are paid or tendered to him.
(4)If a person fails to comply with a notice served on him under subsection (1) or the Commission have reasonable cause to believe that he intends not to comply with it, the Commission may apply to a county court or, in Scotland, a sheriff court for an order requiring him to comply with it or with such directions for the like purpose as may be contained in the order.
(5)[F10Section 55 of the County Courts Act 1984](penalty for neglecting witness summons) shall apply to failure without reasonable excuse to comply with an order of a county court under subsection (4) as it applies in the cases provided in the [F10said section 55]; and paragraph 73 of Schedule 1 to the M1Sheriff Courts (Scotland) Act 1907 (power of sheriff to grant second diligence for compelling the attendance of witnesses or havers) shall apply to an order of a sheriff court under subsection (4) as it applies in proceedings in the sheriff court.
(6)A person commits an offence if he—
(a)wilfully alters, suppresses, conceals or destroys a document which he has been required by a notice or order under this section to produce; or
(b)in complying with such a notice or order, knowingly or recklessly makes any statement which is false in a material particular,
and shall be liable on summary conviction to a fine not exceeding [F11level 5 on the standard scale].
(7)Proceedings for an offence under subsection (6) may (without prejudice to any jurisdiction exercisable apart from this subsection) be instituted—
(a)against any person at any place at which he has an office or other place of business;
(b)against an individual at any place where he resides, or at which he is for the time being.
Textual Amendments
F10Words substituted by County Courts Act 1984 (c. 28, SIF 34), Sch. 2 para. 61
F11Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
Marginal Citations
(1)If in the light of any of their findings in a formal investigation it appears to the Commission necessary or expedient, whether during the course of the investigation or after its conclusion—
(a)to make to any person, with a view to promoting equality of opportunity between persons of different racial groups who are affected by any of his activities, recommendations for changes in his policies or procedures, or as to any other matters; or
(b)to make to the Secretary of State any recommendations, whether for changes in the law or otherwise,
the Commission shall make those recommendations accordingly.
(2)The Commission shall prepare a report of their findings in any formal investigation conducted by them.
(3)If the formal investigation is one required by the Secretary of State—
(a)the Commission shall deliver the report to the Secretary of State; and
(b)the Secretary of State shall cause the report to be published,
and, unless required by the Secretary of State, the Commission shall not publish the report.
(4)If the formal investigation is not one required by the Secretary of State, the Commission shall either publish the report, or make it available for inspection in accordance with subsection (5).
(5)Where under subsection (4) a report is to be made available for inspection, any person shall be entitled, on payment of such fee (if any) as may be determined by the Commission—
(a)to inspect the report during ordinary office hours and take copies of all or any part of the report; or
(b)to obtain from the Commission a copy, certified by the Commission to be correct, of the report.
(6)The Commission may, if they think fit, determine that the right conferred by subsection (5)(a) shall be exercisable in relation to a copy of the report instead of, or in addition to, the original.
(7)The Commission shall give general notice of the place or places where, and the times when, reports may be inspected under subsection (5).
(1)No information given to the Commission by any person (“the informant") in connection with a formal investigation shall be disclosed by the Commission, or by any person who is or has been a Commissioner, additional Commissioner or employee of the Commission, except—
(a)on the order of any court; or
(b)with the informant’s consent; or
(c)in the form of a summary or other general statement published by the Commission which does not identify the informant or any other person to whom the information relates; or
(d)in a report of the investigation published by the Commission or made available for inspection under section 51(5); or
(e)to the Commissioners, additional Commissioners or employees of the Commission, or, so far as may be necessary for the proper performance of the functions of the Commission, to other persons; or
(f)for the purpose of any civil proceedings under this Act to which the Commission are a party, or any criminal proceedings.
(2)Any person who discloses information in contravention of subsection (1) commits an offence and shall be liable on summary conviction to a fine not exceeding [F12level 5 on the standard scale].
(3)In preparing any report for publication or for inspection the Commission shall exclude, so far as is consistent with their duties and the object of the report, any matter which relates to the private affairs of any individual or the business interests of any person where the publication of that matter might, in the opinion of the Commission, prejudicially affect that individual or person.
Textual Amendments
F12Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
Modifications etc. (not altering text)
C3S. 52 applied (with modifications) (1.10.2007) by The Equality Act 2006 (Dissolution of Commissions and Consequential and Transitional Provisions) Order 2007 (S.I. 2007/2602), art. 4(2)
C4S. 52(1): disclosure power extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. I para. 14