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Race Relations (Amendment) Act 2000

2000 CHAPTER 34

An Act to extend further the application of the Race Relations Act 1976 to the police and other public authorities; to amend the exemption under that Act for acts done for the purpose of safeguarding national security; and for connected purposes.

[30th November 2000]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Further extension of 1976 Act to police and other public authoritiesE+W+S

F11 Discrimination by police and other public authorities.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

2 Specified authorities: general statutory duty.E+W+S

(1)For section 71 of the 1976 Act (local authorities: general statutory duty) there is substituted—

“71 Specified authorities: general statutory duty.

(1)Every body or other person specified in Schedule 1A or of a description falling within that Schedule shall, in carrying out its functions, have due regard to the need—

(a)to eliminate unlawful racial discrimination; and

(b)to promote equality of opportunity and good relations between persons of different racial groups.

(2)The Secretary of State may by order impose, on such persons falling within Schedule 1A as he considers appropriate, such duties as he considers appropriate for the purpose of ensuring the better performance by those persons of their duties under subsection (1).

(3)An order under subsection (2)—

(a)may be made in relation to a particular person falling within Schedule 1A, any description of persons falling within that Schedule or every person falling within that Schedule;

(b)may make different provision for different purposes.

(4)Before making an order under subsection (2), the Secretary of State shall consult the Commission.

(5)The Secretary of State may by order amend Schedule 1A; but no such order may extend the application of this section unless the Secretary of State considers that the extension relates to a person who exercises functions of a public nature.

(6)An order under subsection (2) or (5) may contain such incidental, supplementary or consequential provision as the Secretary of State considers appropriate (including provision amending or repealing provision made by or under this Act or any other enactment).

(7)This section is subject to section 71A and 71B and is without prejudice to the obligation of any person to comply with any other provision of this Act.

71A General statutory duty: special cases.

(1)In relation to the carrying out of immigration and nationality functions (within the meaning of section 19D(1)), section 71(1)(b) has effect with the omission of the words “equality of opportunity and”.

(2)Where an entry in Schedule 1A is limited to a person in a particular capacity, section 71(1) does not apply to that person in any other capacity.

(3)Where an entry in Schedule 1A is limited to particular functions of a person, section 71(1) does not apply to that person in relation to any other functions.

71B General statutory duty: Scotland and Wales.

(1)For the purposes of the M1Scotland Act 1998, subsections (2) to (4) of section 71 (and sections 71(6) and 74 so far as they apply to the power conferred by subsection (2) of section 71) shall be taken to be pre-commencement enactments within the meaning of that Act.

(2)Before making an order under section 71(2) in relation to functions exercisable in relation to Wales by a person who is not a Welsh public authority, the Secretary of State shall consult the National Assembly for Wales.

(3)The Secretary of State shall not make an order under section 71(2) in relation to functions of a Welsh public authority except with the consent of the National Assembly for Wales.

(4)In this section “Welsh public authority” means any person whose functions are exercisable only in relation to Wales and includes the National Assembly for Wales.

71C General statutory duty: codes of practice.

(1)The Commission may issue codes of practice containing such practical guidance as the Commission think fit in relation to the performance by persons of duties imposed on them by virtue of subsections (1) and (2) of section 71.

(2)When the Commission propose to issue a code of practice under this section, they—

(a)shall prepare and publish a draft of the code;

(b)shall consider any representations made to them about the draft; and

(c)may modify the draft accordingly.

(3)In the course of preparing any draft code of practice under this section the Commission shall consult 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 a draft code of practice, they shall transmit the draft to the Secretary of State who shall consult the Scottish Ministers and the National Assembly for Wales.

(5)After consulting the Scottish Ministers and the National Assembly for Wales, the Secretary of State shall—

(a)if he approves of the draft code, lay it before both Houses of Parliament; and

(b)if he does not approve of it, publish details of his reasons for withholding approval.

(6)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 on the draft code of practice, but without prejudice to the laying before Parliament of a new draft.

(7)In reckoning the period of forty days referred to in subsection (6), 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.

(8)If no such resolution is passed as is referred to in subsection (6), 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, after consulting the Scottish Ministers and the National Assembly for Wales, by order appoint.

(9)Without prejudice to section 74(3), an order under subsection (8) 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.

(10)The Commission may revoke, or from time to time revise, the whole or any part of a code of practice issued under this section; and, where they revise the whole or any part of such a code, they shall issue the revised code, and subsections (2) to (9) shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of a code.

(11)A failure on the part of any person to observe any provision of a code of practice shall not of itself render that person liable to any proceedings; but any code of practice issued under this section shall be admissible in evidence in any legal proceedings, and if any provision of such a code appears to the court or tribunal concerned to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

(12)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 persons to take for the purpose of preventing their staff from doing in the course of their duties acts made unlawful by this Act.

71D General statutory duty: compliance notices.

(1)If the Commission are satisfied that a person has failed to comply with, or is failing to comply with, any duty imposed by an order under section 71(2), the Commission may serve on that person a notice (“a compliance notice”).

(2)A compliance notice shall require the person concerned—

(a)to comply with the duty concerned; and

(b)to inform the Commission, within 28 days of the date on which the notice is served, of the steps that the person has taken, or is taking, to comply with the duty.

(3)A compliance notice may also require the person concerned to furnish the Commission with such other written information as may be reasonably required by the notice in order to verify that the duty has been complied with.

(4)The notice may specify—

(a)the time (no later than three months from the date on which the notice is served) at which any information is to be furnished to the Commission;

(b)the manner and form in which any such information is to be so furnished.

(5)A compliance notice shall not require a person to furnish information which the person could not be compelled to furnish in evidence in civil proceedings before the High Court or the Court of Session.

71E Enforcement of compliance notices.

(1)The Commission may apply to a designated county court or, in Scotland, a sheriff court for an order requiring a person falling within Schedule 1A to furnish any information required by a compliance notice if—

(a)the person fails to furnish the information to the Commission in accordance with the notice; or

(b)the Commission have reasonable cause to believe that the person does not intend to furnish the information.

(2)If the Commission consider that a person has not, within three months of the date on which a compliance notice was served on that person, complied with any requirement of the notice for that person to comply with a duty imposed by an order under section 71(2), the Commission may apply to a designated county court or, in Scotland, a sheriff court for an order requiring the person to comply with the requirement of the notice.

(3)If the court is satisfied that the application is well-founded, it may grant the order in the terms applied for or in more limited terms.

(4)The sanctions in section 71D and this section shall be the only sanctions for breach of any duty imposed by an order under section 71(2), but without prejudice to the enforcement under section 57 or otherwise of any other provision of this Act (where the breach is also a contravention of that provision).”

(2)Schedule 1 (which inserts Schedule 1A into the 1976 Act) is to have effect.

Marginal Citations

F23 Certain appointment functions outside the employment field.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Police: extension of liability of chief officers etc.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special cases: procedural and other consequencesE+W+S

F25 Criminal investigations and proceedings.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Immigration and asylum appeals.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

National securityE+W+S

F27 National security.E+W+S

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Textual Amendments

F28 National security: procedure.E+W+S

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Textual Amendments

Supplementary and final provisionsU.K.

9 Consequential amendments and repeals.U.K.

[F2(1)Schedule 2 (which makes further consequential amendments of enactments) is to have effect.

(2)The enactments mentioned in Schedule 3 are repealed to the extent specified there.]

Textual Amendments

10 Short title, commencement and extent.U.K.

[F2(1)This Act may be cited as the Race Relations (Amendment) Act 2000.

(2)Sections 1 to 9 (including Schedules 1 to 3) shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

(3)An order under this section—

(a)shall be made by statutory instrument; and

(b)may make such transitory, transitional or saving provision as the Secretary of State considers appropriate.

(4)Transitory provision made in exercise of the power conferred by subsection (3)(b) may, in particular, include provision made in consequence of any provision of any other Act passed before, or in the same session as, this Act not having come into force.

(5)No amendment by this Act of an enactment shall be taken, for the purposes of the M2Scotland Act 1998, to be a pre-commencement enactment within the meaning of that Act unless the amendment so provides.

(6)Any amendment or repeal by this Act of an enactment has the same extent as the enactment amended or repealed.]

Subordinate Legislation Made

P1S. 10(2) power fully exercised: different dates appointed for specified provisions by S.I. 2001/566, art. 2(1)(subject to art. 2(2))

Textual Amendments

Marginal Citations

SCHEDULES

Section 2(2).

SCHEDULE 1U.K.

Bodies and other persons subject to general statutory duty.

The following Schedule is inserted into the 1976 Act after Schedule 1—

“SCHEDULE 1AU.K.

Bodies and other persons subject to general statutory duty

Ministers of the Crown and government departmentsU.K.

1(1)A Minister of the Crown or government department.

(2)Sub-paragraph (1) does not include the Security Service, the Intelligence Service or the Government Communications Headquarters.

Scottish AdministrationU.K.

2(1)An office-holder in the Scottish Administration within the meaning given by section 126(7)(a) of the M3Scotland Act 1998.

(2)Members of the staff of the Scottish Administration within the meaning given by section 126(7)(b) of that Act.

National Assembly for WalesU.K.

3(1)The National Assembly for Wales.

(2)An Assembly subsidiary as defined by section 99(4) of the M4Government of Wales Act 1998.

Armed forcesU.K.

4Any of the naval, military or air forces of the Crown.

National Health Service: England and WalesU.K.

5A Health Authority established under section 8 of the M5National Health Service Act 1977.

6A special health authority established under section 11 of that Act.

7A primary care trust established under section 16A of that Act.

8A National Health Service trust established under section 5 of the M6National Health Service and Community Care Act 1990.

National Health Service: ScotlandU.K.

9A Health Board constituted under section 2 of the M7National Health Service (Scotland) Act 1978.

10A Special Health Board constituted under section 2 of that Act.

11A National Health Service Trust established under section 12A of that Act.

Local governmentU.K.

12A local authority within the meaning of the M8Local Government Act 1972, namely—

(a)in England, a county council, a London borough council, a district council or a parish council;

(b)in Wales, a county council, a county borough council or a community council.

13A council constituted under section 2 of the M9Local Government etc. (Scotland) Act 1994.

14A community council established under section 51 of the M10Local Government (Scotland) Act 1973.

15The Greater London Authority.

16The Common Council of the City of London in its capacity as a local authority or port health authority.

17The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in his capacity as a local authority.

18The Council of the Isles of Scilly.

19A parish meeting constituted under section 13 of the M11Local Government Act 1972.

20Any charter trustees constituted under section 246 of that Act.

21A fire authority constituted by a combination scheme under section 5 or 6 of the M12Fire Services Act 1947.

22A waste disposal authority established by virtue of an order under section 10(1) of the M13Local Government Act 1985.

23A water or sewerage authority constituted under section 62 of the M14Local Government etc. (Scotland) Act 1994.

24A port health authority constituted by an order under section 2 of the M15Public Health (Control of Disease) Act 1984.

25A licensing planning committee constituted under section 119 of the M16Licensing Act 1964.

26A licensing board constituted under section 1 of the M17Licensing (Scotland) Act 1976.

27An internal drainage board which is continued in being by virtue of section 1 of the M18Land Drainage Act 1991.

28A probation committee constituted under section 3 of the M19Probation Service Act 1993.

29A joint authority established under Part IV of the M20Local Government Act 1985 (fire services, civil defence and transport).

30A joint board within the meaning of section 235(1) of the M21Local Government (Scotland) Act 1973.

31The London Fire and Emergency Planning Authority.

32A body corporate established pursuant to an order under section 67 of the M22Local Government Act 1985 (transfer of functions to successors of residuary bodies, etc.).

33A body corporate established pursuant to an order under section 22 of the M23Local Government Act 1992 (residuary bodies).

34The Broads Authority established by section 1 of the M24Norfolk and Suffolk Broads Act 1988.

35A joint committee constituted in accordance with section 102(1)(b) of the M25Local Government Act 1972.

36A joint board which is continued in being by virtue of section 263(1) of that Act.

37A joint authority established under section 21 of the M26Local Government Act 1992.

38A Passenger Transport Executive for a passenger transport area within the meaning of Part II of the M27Transport Act 1968.

39Transport for London.

40The London Development Agency.

41A regional development agency established under the M28Regional Development Agencies Act 1998 (other than the London Development Agency).

42Scottish Enterprise and Highland and Islands Enterprise, established under the M29Enterprise and New Towns (Scotland) Act 1990.

43A National Park authority established by an order under section 63 of the M30Environment Act 1995.

44A joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M31Town and Country Planning Act 1990.

45A magistrates’ courts committee established under section 27 of the Justices of the M32Peace Act 1997.

Other educational bodiesU.K.

46Governing bodies of—

(a)educational establishments maintained by local education authorities;

(b)institutions within the further education sector (within the meaning of section 91(3) of the M33Further and Higher Education Act 1992); or

(c)institutions within the higher education sector (within the meaning of section 91(5) of the Act of 1992).

47The managers of a grant-aided school (within the meaning of section 135 of the M34Education (Scotland) Act 1980).

48The managers of a central institution (within the meaning of section 135 of the Act of 1980).

49The board of management of a self-governing school (within the meaning of the M35Self-Governing Schools etc. (Scotland) Act 1989).

50The board of management of a college of further education (within the meaning of section 36(1) of the M36Further and Higher Education (Scotland) Act 1992).

51The governing body of an institution within the higher education sector (within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992).

Other housing bodiesU.K.

52The Housing Corporation.

53Scottish Homes.

54A housing action trust established under Part III of the M37Housing Act 1988.

PoliceU.K.

55A police authority established under section 3 of the M38Police Act 1996.

56A police authority established under section 2 of the M39Police (Scotland) Act 1967.

57The Metropolitan Police Authority established under section 5B of the M40Police Act 1996.

58The Common Council of the City of London in its capacity as a police authority.

59The Service Authority for the National Criminal Intelligence Service.

60The Service Authority for the National Crime Squad.”

Marginal Citations

Section 9(1).

SCHEDULE 2U.K.Consequential Amendments

Race Relations Act 1976 (c.74)E+W+S

F31E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F311U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F312E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F313E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F314E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F315E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F316E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

17E+W+SAfter section 75(2) of that Act (application to Crown etc.), there is inserted—

“(2A)Subsections (1) and (2) do not apply in relation to the provisions mentioned in subsection (2B).

(2B)Sections 19B to 19F, sections 71 to 71E (including Schedule 1A) and section 76 bind the Crown; and the other provisions of this Act so far as they relate to those provisions shall be construed accordingly (including, in particular, references to employment in Part IV).”

F318E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and

Textual Amendments

Local Government Act 1988 (c.9)E+W+S

F320E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F321E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F322E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special Immigration Appeals Commission Act 1997 (c.68)U.K.

F323U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F324U.K.F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F325U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F326U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F327U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F328U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F329U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

School Standards and Framework Act 1998 (c.31)U.K.

F330U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

31U.K.In paragraph 6(b) of Schedule 5 to the Act of 1998 (adjudicators to have regard to certain obligations owed by local education authorities and governing bodies under the M41Race Relations Act 1976), after “Part III” there shall be inserted “ or section 71 ”.

Marginal Citations

Immigration and Asylum Act 1999 (c.33)U.K.

F334U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F335U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F336U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F337U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F338U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F339U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F340U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F332U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F333U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 9(2).

SCHEDULE 3U.K.Repeals

[F5ChapterShort titleExtent of repeal
1976 c. 74.Race Relations Act 1976.

Section 16.

Section 19.

Section 19ZA.

In section 57(5), the words from “and” to the end of the subsection.

Section 58(6).

In section 68, subsection (2)(b) and the word “or” immediately preceding it and, in subsection (3), the words “or, as the case may be, eight” and “or (b)”.

In section 69, subsection (2)(b) and the word “or” immediately preceding it and subsection (2A).

1980 c. 44.Education (Scotland) Act 1980.In Schedule 4, paragraph 14.
1985 c. 51.Local Government Act 1985.

In Schedule 13, paragraph 13(h).

In Schedule 14, paragraph 54.

1985 c. 69.Housing Associations Act 1985.Section 75(5).
1988 c. 4.Norfolk and Suffolk Broads Act 1988.In Schedule 6, paragraph 16.
1988 c. 9.Local Government Act 1988.Section 18(7A).
1988 c. 40.Education Reform Act 1988.In Schedule 12, paragraphs 19 and 79.
1988 c. 43.Housing (Scotland) Act 1988.Section 2(11).
1988 c. 50.Housing Act 1988.Sections 56 and 63(5).
1989 c. 39.Self-Governing Schools etc. (Scotland) Act 1989.In Schedule 10, paragraph 6(3).
1992 c. 13.Further and Higher Education Act 1992.In Schedule 8, paragraph 88.
1992 c. 37.Further and Higher Education (Scotland) Act 1992.In Schedule 9, paragraph 5(4).
1994 c. 19.Local Government (Wales) Act 1994.In Schedule 13, paragraph 20(g).
1994 c. 29.Police and Magistrates’ Courts Act 1994.In Schedule 4, paragraph 51.
1994 c. 30.Education Act 1994.In Schedule 2, paragraph 6(4).
1994 c. 39.Local Government etc. (Scotland) Act 1994.In Schedule 13, paragraph 108.
1995 c. 25.Environment Act 1995.

In Schedule 8, paragraph 8(4).

In Schedule 10, paragraph 15(2).

1996 c. 16.Police Act 1996.In Schedule 7, paragraphs 1(2)(l) and 31.
1996 c. 56.Education Act 1996.In Schedule 37, paragraph 42 and, in paragraph 117(4), paragraph (b) and the word “and” immediately preceding it.
1997 c. 50.Police Act 1997.In Schedule 9, paragraphs 35 and 36.
1998 c. 38.Government of Wales Act 1998.In Schedule 16, paragraph 30.
1999 c. 26.Employment Relations Act 1999.In Schedule 8, paragraph 6.
1999 c. 29.Greater London Authority Act 1999.Section 391.
2000 c. 21.Learning and Skills Act 2000.In Schedule 9, paragraph 10.]

Textual Amendments