Race Relations Act 1976 (Repealed)
An Act to make fresh provision with respect to discrimination on racial grounds and relations between people of different racial groups; and to make in the Sex Discrimination Act 1975 amendments for bringing provisions in that Act relating to its administration and enforcement into conformity with the corresponding provisions in this Act.
Part I Discrimination To Which Act Applies
1 Racial discrimination.
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Discrimination by way of victimisation.
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Meaning of “racial grounds", “racial group" etc.
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3AHarassment
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Discrimination in the Employment Field
Discrimination by employers
4F5. . . applicants and employees.
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4AException for genuine occupational requirement
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Exceptions for genuine occupational qualifications.
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Exception for employment intended to provide training in skills to be exercised outside Great Britain.
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7F10. . . contract workers.
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Meaning of employment at establishment in Great Britain.
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 Exception for seamen recruited abroad.
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Discrimination by other bodies
10 Partnerships.
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 Trade unions etc.
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 Qualifying bodies.
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1713 Persons concerned with provision of vocational training.
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 Employment agencies.
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Manpower Services Commission etc.
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police
F2116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Discrimination in other fields
Education
17F22. . . bodies in charge of educational establishments.
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2417A Meaning of pupil in section 17.
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 Other discrimination F26etc. by local education authorities.
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2818AF29Discrimination by further and higher education funding bodies
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18BF31. . . Scottish Further and Higher Education Funding Councils.
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3318BAScottish Further and Higher Education Funding Council
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3518C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3818DF36. . . F37Training and Development Agency for Schools.
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4019. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4119ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42 Planning
19A Discrimination by planning authorities.
(1)
It is unlawful for a planning authority to discriminate against a person in carrying out their planning functions.
(2)
In this section “planning authority”means—
(a)
(b)
in Scotland, a planning authority or regional planning authority,
and includes an urban development corporation and a body having functions (whether as an enterprise zone authority or a body invited to prepare a scheme) under Schedule 32 to the Local Government, Planning and Land Act 1980.
(3)
In this section “planning functions”means—
(a)
in England and Wales, functions under F47the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Hazardous Substances) Act 1990and such other functions as may be prescribed, and
(b)
in Scotland, functions under F48the Town and Country Planning (Scotland) Act 1997, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and the Planning (Hazardous Substances) (Scotland) Act 1997 or Part IX of the Local Government (Scotland) Act 1973, and such other functions as may be prescribed,
and includes, in relation to an urban development corporation, planning functions under Part XVI of the Local Government, Planning and Land Act 1980 and, in relation to an enterprise zone authority or body invited to prepare an enterprise zone scheme, functions under Part XVIII of that Act.
F49 Public authorities
F5119BF50. . . public authorities.
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5319C Exceptions or further exceptions from section 19B for judicial and legislative acts etc.
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5519D Exception from section 19B for certain acts in immigration and nationality cases.
F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5719E Monitoring of exception in relation to immigration and nationality cases.
F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5919F Exceptions from section 19B for decisions not to prosecute etc.
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Goods, facilities, services and premises
20F61. . . provision of goods, facilities or services.
F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21F63. . . disposal or management of premises.
F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 Exception from ss. 20(1) and 21: small dwellings.
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23 Further exceptions from F66ss 20 and 21.
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24F68. . . consent for assignment or sub-letting.
F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 Discrimination: associations not within s. 11.
F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 Exception from s. 25 for certain associations.
F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F72 Barristers
26AF73. . . barristers.
F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Advocates
26BF75. . . advocates.
F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent
27 Extent of Part III.
F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Other Unlawful Acts
27ARelationships which have come to an end
F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 Discriminatory practices.
F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29 Discriminatory advertisements.
F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 Instructions to F81commit unlawful acts.
F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 Pressure to F83commit unlawful acts.
F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32 Liability of employers and principals.
F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 Aiding unlawful acts.
F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V Charities
34 Charities.
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VI General Exceptions From Parts II to IV
35 Special needs of racial groups in regard to education, training or welfare.
F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36 Provision of education or training for persons not ordinarily resident in Great Britain.
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37 Discriminatory training by certain bodies.
F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38 Other discriminatory training etc.
F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39 Sports and competitions.
F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40 Indirect access to benefits etc.
F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41 Acts done under statutory authority etc.
F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42 Acts safeguarding national security.
F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F96F96Part VII The Commission for Racial Equality
General
43 Establishment and duties of Commission.
(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—
(a)
to work towards the elimination of discrimination F97and harassment ;
(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.
F98(1A)
One of the Commissioners shall be a person who appears to the Secretary of State to have special knowledge of Scotland.
(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)
F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44 Assistance to organisations.
(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.
45 Research and education.
(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.
46 Annual reports.
(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.
Codes of practice
47 Codes of practice.
(1)
The Commission may issue codes of practice containing such practical guidance as the Commission think fit for F100all or any of the following purposes, namely—
(a)
the elimination of discrimination F101and harassment in the field of employment;
(b)
the promotion of equality of opportunity in that field between persons of different racial groups;
(d)
the promotion of equality of opportunity in the field of . . . F103housing 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 F104relating 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.
F105(3A)
In the course of preparing any draft code of practice relating to the field of . . . F103housing 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 F106a 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 F107employment tribunalF108a 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 F108or 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.
Investigations
48 Power to conduct formal investigations.
(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.
49 Terms of reference.
(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.
50 Power to obtain information.
(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 F109acts of discrimination or harassment ;
(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)
F110Section 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 F110said 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 F111level 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.
51 Recommendations and reports on formal investigations.
(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).
52 Restriction on disclosure of information.
(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 F112level 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.
Part VIII Enforcement
General
53 Restriction of proceedings for breach of Act.
F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement in employment field
54 Jurisdiction of F114employment tribunals.
F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54ABurden of proof: employment tribunals
F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11755
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56 Remedies on complaint under s. 54.
F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement of Part III
57 Claims under Part III F119etc..
F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57ZABurden of proof : County and Sheriff Courts
F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12257A Claims under section 19B in immigration cases.
F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Non-discrimination notices
58 Issue of non-discrimination notice.
F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59 Appeal against non-discrimination notice.
F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60 Investigation as to compliance with non-discrimination notice.
F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61 Register of non-discrimination notices.
F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other enforcement by Commission
62 Persistent discrimination.
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63 Enforcement of ss. 29 to 31.
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64 Preliminary action in employment cases.
F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Help for persons suffering discrimination
65 Help for aggrieved persons in obtaining information etc.
F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66 Assistance by Commission.
F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sheriff courts and designated county courts
67 Sheriff courts and designated county courts.
F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13467A National security: procedure.
F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Period within which proceedings to be brought
68 Period within which proceedings to be brought.
F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Evidence
69 Evidence.
(1)
Any finding by a court under section 19 or 20 of the M2Race Relations Act 1968, or by a court or F137employment tribunal under this Act, in respect of any act shall, if it has become final, be treated as conclusive in any proceedings under this Act.
(2)
In any proceedings under this Act F138or any enactment mentioned in section 19D(5) a certificate signed by or on behalf of a Minister of the Crown and certifying—
(a)
that any arrangements or conditions specified in the certificate were made, approved or imposed by a Minister of the Crown and were in operation at a time or throughout a period so specified; F139. . .
F139(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall be conclusive evidence of the matters certified.
(3)
A document purporting to be a certificate such as is mentioned in subsection (2) shall be received in evidence and, unless the contrary is proved, shall be deemed to be such a certificate.
Part IX
70F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part X Supplemental
F14171 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 F142discrimination and victimisation; and
(b)
to promote equality of opportunity and good relations between persons of different racial groups.
(2)
The F143Secretary 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 F143Secretary of State shall consult the Commission.
(5)
(6)
An order under subsection (2) or (5) may contain such incidental, supplementary or consequential provision as the F143Secretary 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 F144 provision of the Equality Act 2010 (“the 2010 Act”), so far as relating to race (within the meaning of that Act).
F145(8)
In this section—
(a)
“discrimination” means race discrimination within the meaning of section 25 of the 2010 Act;
(b)
“victimisation” means victimisation within the meaning of section 27 of the 2010 Act, where the protected act in question relates to race, and
(c)
“racial group” has the meaning given in section 9 of the 2010 Act.
F14671A General statutory duty: special cases.
(1)
In relation to the carrying out of immigration and nationality functions F147. . ., section 71(1)(b) has effect with the omission of the words “equality of opportunity and".
F148(1A)
In subsection (1) “immigration and nationality functions” means functions exercisable by virtue of—
(a)
the Immigration Acts (within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002) excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to offences under Part III of that Act;
(b)
the British Nationality Act 1981;
(c)
the British Nationality (Falkland Islands) Act 1983 (c. 6);
(d)
the British Nationality (Hong Kong) Act 1990 (c. 34);
(e)
the Hong Kong (War Wives and Widows) Act 1996 (c. 41);
(f)
the British Nationality (Hong Kong) Act 1997 (c. 20);
(g)
the Special Immigration Appeals Commission Act 1997 (c. 68);
(h)
provision made under section 2(2) of the European Communities Act 1972 (c. 68) which relates to the subject matter of an enactment within any of paragraphs (a) to (g); or
(i)
any provision of Community law which relates to the subject matter of an enactment within any of those paragraphs.
(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.
F14971B General statutory duty: Scotland and Wales.
(1)
For the purposes of the M3Scotland 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)
(3)
(4)
In this section “Welsh public authority” means any person whose functions are exercisable only in relation to Wales and F153 includes—
(a)
the National Assembly for Wales Commission;
(b)
the Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government.
F15471C General statutory duty: codes of practice.
F155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15671D General statutory duty: compliance notices.
F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15871E Enforcement of compliance notices.
F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72 Validity and revision of contracts.
F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72ACollective agreements and rules of undertakings
F161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73 Power to amend certain provisions of Act.
F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74 Orders and regulations.
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75 Application to Crown etc.
F165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16675A Application to House of Commons staff.
F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16875B Application to House of Lords staff.
F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76 Government appointments outside s. 4.
F170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76ZAOther office holders
F171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F172 Police
F17376A Police forces.
F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17576B Other police bodies etc.
F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
77 Financial provisions.
F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
78General interpretation provisions.
F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79 Transitional and commencement provisions, amendments and repeals.
F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
80 Short title and extent.
F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 1
Incorporation and status
1
—On the appointment by the Secretary of State of the first Commissioners, the Commission shall come into existence as a body corporate.
2
(1)
The commission is not an emanation of the Crown, and shall not act or be treated as the servant or agent of the Crown.
(2)
Accordingly—
(a)
neither the Commission nor a Commissioner or member of its staff as such is entitled to any status, immunity, privilege or exemption enjoyed by the Crown;
(b)
the Commissioners and members of the staff of the Commission as such are not civil servants; and
(c)
the Commission’s property is not property of, or held on behalf of, the Crown.
Tenure of office of Commissioners
3
(1)
A Commissioner shall hold and vacate his office in accordance with the terms of his appointment.
(2)
A person shall not be appointed a Commissioner for more than five years.
(3)
With the consent of the Commissioner concerned, the Secretary of State may alter the terms of an appointment so as to make a full-time Commissioner into a part-time Commissioner or vice versa, or for any other purpose.
(4)
A Commissioner may resign by notice to the Secretary of State.
(5)
The Secretary of State may terminate the appointment of a Commissioner if satisfied that—
(a)
without the consent of the Commission, he failed to attend the meetings of the Commission during a continuous period of six months beginning not earlier than nine months before the termination; or
(b)
he is an undischarged bankrupt, or has made an arrangement with his creditors, or is insolvent within the meaning of paragraph 9(2) of Schedule 3 to the M4Conveyancing and Feudal Reform (Scotland) Act 1970; or
(c)
he is by reason of physical or mental illness, or for any other reason, incapable of carrying out his duties.
(6)
Past service as a Commissioner is no bar to re-appointment.
Tenure of office of chairman and deputy chairmen
4
(1)
The chairman and each deputy chairman shall hold and vacate his office in accordance with the terms of his appointment, and may resign by notice to the Secretary of State.
(2)
The office of the chairman or a deputy chairman is vacated if he ceases to be a Commissioner.
(3)
Past service as chairman or a deputy chairman is no bar to re-appointment.
Remuneration of Commissioners
5
The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of the Commissioners or any of them as, with the consent of the Minister for the Civil Service, he may determine.
6
Where a person ceases to be a Commissioner otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the consent of the Minister for the Civil Service, direct the Commission to make to that person a payment of such amount as, with the consent of that Minister, the Secretary of State may determine.
Additional Commissioners
7
(1)
Paragraphs 2(2), 3(1) and (6), and 6 shall apply to additional Commissioners appointed under section 48(2) as they apply to Commissioners.
(2)
The Commission may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of an additional Commissioner as the Secretary of State, with the consent of the Minister for the Civil Service, may determine.
(3)
With the approval of the Secretary of State and the consent of the additional Commissioner concerned, the Commission may alter the terms of an appointment of an additional Commissioner so as to make a full-time additional Commissioner into a part-time additional Commissioner or vice versa, or for any other purpose.
(4)
An additional Commissioner may resign by notice to the Commission.
(5)
The Secretary of State, or the Commission acting with the approval of the Secretary of State, may terminate the appointment of an additional Commissioner if satisfied that—
(a)
without reasonable excuse he failed to carry out the duties for which he was appointed during a continuous period of three months beginning not earlier than six months before the termination; or
(b)
he is a person such as is mentioned in paragraph 3(5)(b); or
(c)
he is by reason of physical or mental illness, or for any other reason, incapable of carrying out his duties.
(6)
The appointment of an additional Commissioner shall terminate at the conclusion of the investigation for which he was appointed, if not sooner.
Staff
8
The Commission may, after consultation with the Secretary of State, appoint such officers and servants as they think fit, subject to the approval of the Minister for the Civil Service as to numbers and as to remuneration and other terms and conditions of service.
9
(1)
Employment with the Commission shall be included among the kinds of employment to which a superannuation scheme under section 1 of the M5Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) the words “Commission for Racial Equality” shall be inserted after the words “Commission on Industrial Relations".
(2)
Where a person who is employed by the Commission and is by reference to that employment a participant in a scheme under section 1 of the M6Superannuation Act 1972 becomes a Commissioner or an additional Commissioner, the Minister for the Civil Service may determine that his service as a Commissioner or additional Commissioner shall be treated for the purposes of the scheme as service as an employee of the Commission.
10
(1)
In this paragraph—
“the new Commission” means the Commission for Racial Equality;
“present Commission employee” means a person who immediately before the repeal date is employed by the Community Relations Commission;
“private pension scheme” means a scheme for the payment of pensions, allowances or gratuities other than one made under section 1 of the M7Superannuation Act 1972;
“the repeal date” means the date on which the repeal of the M8Race Relations Act 1968 by this Act takes effect.
(2)
If a present Commission employee enters the employment of the new Commission on the repeal date and on so doing elects to be covered for his service in that employment by a private pension scheme in which he was a participant in respect of his service in the employment of the Community Relations Commission, the new Commission may make such payments towards the provison of benefits to or in respect of him under that scheme (or any other private pension scheme replacing it) as may be determined by the new Commission with the consent of the Secretary of State given with the approval of the Minister for the Civil Service; and it shall be the duty of the new Commission and those Ministers in the exercise of their functions under this sub-paragraph to ensure that his rights under the scheme do not become less advantageous than they were when he entered the employment of the new Commission.
(3)
Where a person who is employed by the new Commission and is in respect of that employment a participant in a private pension scheme becomes a Commissioner or an additional Commissioner, his service as a Commissioner or additional Commissioner may be treated for the purposes of the scheme as service as an employee of the new Commission.
11
The M9Employers' Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Commission.
Advisory committees
12
The Commission may, with the approval of the Secretary of State, appoint advisory committees for the purpose of such of their functions as they think fit.
Proceedings and business
13
(1)
Subject to the provisions of this Act—
(a)
the Commission shall discharge their functions in accordance with arrangements made by the Commission and approved by the Secretary of State; and
(b)
arrangements so made and approved may provide for the discharge under the general direction of the Commission of any of the Commission’s functions by a committee of the Commission, or by two or more Commissioners.
(2)
Anything done by or in relation to a committee of the Commission or Commissioners in the discharge of the Commission’s functions shall have the same effect as if done by or in relation to the Commission.
14
The validity of any proceedings of the Commission shall not be affected by any vacancy among the members of the Commission or by any defect in the appointment of any Commissioner or additional Commissioner.
15
The quorum for meetings of the Commission shall in the first instance be determined by a meeting of the Commission attended by not less than five Commissioners.
Finance
16
The Secretary of State shall pay to the Commission expenses incurred or to be incurred by them under paragraph 6, 7, 8 or 10 of this Schedule or paragraph 7 of Schedule 2, and, with the consent of the Minister for the Civil Service and the Treasury, shall pay to the Commission such sums as the Secretary of State thinks fit for enabling the Commission to meet other expenses.
17
(1)
The accounting year of the Commission shall be the twelve months ending on 31st March.
(2)
It shall be the duty of the Commission—
(a)
to keep proper accounts and proper records in relation to the accounts;
(b)
to prepare in respect of each accounting year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and
(c)
to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of November next following the accounting year to which the statement relates.
(3)
The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this Schedule and shall lay copies of each statement and of his report before each House of Parliament.
Disqualification Acts
18
X1(1)
In Part II of Schedule 1 to the M10House of Commons Disqualification Act 1975 and Part II of Schedule 1 to the M11Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified under those Acts), there shall (at the appropriate place in alphabetical order) be inserted the following entry:— “
The Commission for Racial Equality
”
X1(2)
In Part III of Schedule 1 to each of those Acts of 1975 (other disqualifying offices) there shall (at the appropriate place in alphabetical order) be inserted the following entry:— “
Additional Commissioner of the Commission of Racial Equality
”
F181SCHEDULE 1ABodies and other persons subject to general statutory duty
F182PART I ORIGINAL CATEGORIES OF BODIES AND OTHER PERSONS
X2F183 Ministers of the Crown and government departments
X3F1841
(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.
X4F185 Scottish Administration
X5F1862
(1)
An office-holder in the Scottish Administration within the meaning given by section 126(7)(a) of the M12Scotland Act 1998.
(2)
Members of the staff of the Scottish Administration within the meaning given by section 126(7)(b) of that Act.
F187X6F188National Assembly for Wales Commission
3A
The National Assembly for Wales Commission.
X7F189F1903
(1)
The National Assembly for Wales.
(2)
An Assembly subsidiary as defined by section 99(4) of the M13Government of Wales Act 1998.
Welsh Assembly Government
3B
(1)
The Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
(2)
A subsidiary of the Welsh Ministers (as defined by section 134(4) of the Government of Wales Act 2006)..
X8F191 Armed forces
X9F1924
Any of the naval, military or air forces of the Crown.
X10F193 National Health Service: England and Wales
X11F1945
5A
A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
X12F1976
A special health authority established under F198section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006 .
X13F1997
A primary care trust established under F200section 18 of the National Health Service Act 2006 .
X14F2018
A National Health Service trust established under F202section 25 of that Act, or section 18 of the National Health Service (Wales) Act 2006 .
8A
An NHS foundation trust.
X15F203 National Health Service: Scotland
X16F2049
A Health Board constituted under section 2 of the M14National Health Service (Scotland) Act 1978.
X17F20510
A Special Health Board constituted under section 2 of that Act.
X18F20611
A National Health Service Trust established under section 12A of that Act.
X19F207 Local government
X20F20812
A local authority within the meaning of the M15Local 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.
X21F20913
A council constituted under section 2 of the M16Local Government etc. (Scotland) Act 1994.
X22F21014
A community council established under section 51 of the M17Local Government (Scotland) Act 1973.
X23F21115
The Greater London Authority.
X24F21216
The Common Council of the City of London in its capacity as a local authority or port health authority.
X25F21317
The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in his capacity as a local authority.
X26F21418
The Council of the Isles of Scilly.
X27F21519
A parish meeting constituted under section 13 of the M18Local Government Act 1972.
X28F21620
Any charter trustees constituted under section 246 of that Act.
21
F217A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.
X29F21822
A waste disposal authority established by virtue of an order under section 10(1) of the M19Local Government Act 1985.
F219X30F22023
A water or sewerage authority constituted under section 62 of the M20Local Government etc. (Scotland) Act 1994.
X31F22124
A port health authority constituted by an order under section 2 of the M21Public Health (Control of Disease) Act 1984.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X32F222F22325
F224X33F22526
A licensing board continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005.
X34F22627
An internal drainage board which is continued in being by virtue of section 1 of the M22Land Drainage Act 1991.
F227X35F22828
A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.
X36F22929
A joint authority established under Part IV of the M23Local Government Act 1985 F230(fire and rescue services and transport) .
X37F23130
A joint board within the meaning of section 235(1) of the M24Local Government (Scotland) Act 1973.
X38F23231
The London Fire and Emergency Planning Authority.
X39F23332
A body corporate established pursuant to an order under section 67 of the M25Local Government Act 1985 (transfer of functions to successors of residuary bodies, etc.).
X40F23433
F235A body corporate established pursuant to an order under section 22 of the M26Local Government Act 1992 (residuary bodies).
X41F23634
The Broads Authority established by section 1 of the M27Norfolk and Suffolk Broads Act 1988.
X42F23735
A joint committee constituted in accordance with section 102(1)(b) of the M28Local Government Act 1972.
X43F23836
A joint board which is continued in being by virtue of section 263(1) of that Act.
X44F23937
A joint authority established under section 21 of the M29Local Government Act 1992.
X45F24038
A Passenger Transport Executive for F241an integrated transport area or a passenger transport area within the meaning of Part II of the M30Transport Act 1968.
X46F24239
Transport for London.
X47F24340
The London Development Agency.
X48F24441
A regional development agency established under the M31Regional Development Agencies Act 1998 (other than the London Development Agency).
X49F24542
Scottish Enterprise and Highland and Islands Enterprise, established under the M32Enterprise and New Towns (Scotland) Act 1990.
X50F24643
A National Park authority established by an order under section 63 of the M33Environment Act 1995.
X51F24744
A joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M34Town and Country Planning Act 1990.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X52F24845
F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X53 Other educational bodies
X54F25046
Governing bodies of—
(a)
educational establishments maintained by F251local authorities;
(b)
institutions within the further education sector (within the meaning of section 91(3) of the M35Further 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).
X55F25247
The managers of a grant-aided school (within the meaning of section 135 of the M36Education (Scotland) Act 1980).
F25348
The managers of a central institution (within the meaning of section 135 of the Act of 1980).
X56F25449
The board of management of a self-governing school (within the meaning of the M37Self-Governing Schools etc. (Scotland) Act 1989).
X57F25550
The board of management of a college of further education (within the meaning of section 36(1) of the M38Further and Higher Education (Scotland) Act 1992).
X58F25651
The 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).
X59 Other housing bodies
X60F25752
The F258Office for Tenants and Social Landlords.
52A
The Homes and Communities Agency.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X6153
F259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X62F26054
A housing action trust established under Part III of the M39Housing Act 1988.
X63 Police
X64F26155
A police authority established under section 3 of the M40Police Act 1996.
X65F26256
A police authority established under section 2 of the M41Police (Scotland) Act 1967.
X66F26357
The Metropolitan Police Authority established under section 5B of the M42Police Act 1996.
X67F26458
The Common Council of the City of London in its capacity as a police authority.
X68F26559
F266The Service Authority for the National Criminal Intelligence Service.
X69F26760
F268The Service Authority for the National Crime Squad.
F269PART II BODIES AND OTHER PERSONS ADDED AFTER COMMENCEMENT OF GENERAL STATUTORY DUTY
Health
The Administration of Radioactive Substances Advisory Committee.
The Care Quality Commission.
F270. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F272. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Commons Services Agency for the NHS in Scotland.
F273. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F275. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F276The Health Protection Agency.
The Human Fertilisation and Embryology Authority.
F277. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Joint Committee on Vaccination and Immunisation.
The Mental Welfare Commission for Scotland.
The Office of the Health Professions Adjudicator.
F279. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F280. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Royal College of Anaesthetists, in respect of its public functions.
The Royal College of General Practitioners, in respect of its public functions.
The Royal College of Midwives, in respect of its public functions.
The Royal College of Nursing, in respect of its public functions.
The Royal College of Obstetricians and Gynaecologists, in respect of its public functions.
The Royal College of Ophthalmologists, in respect of its public functions.
The Royal College of Paediatrics and Child Health, in respect of its public functions.
The Royal College of Pathologists, in respect of its public functions.
The Royal College of Physicians, in respect of its public functions.
The Royal College of Psychiatrists, in respect of its public functions.
The Royal College of Radiologists, in respect of its public functions.
The Royal College of Speech and Language Therapists, in respect of its public functions.
The Royal College of Surgeons of England, in respect of its public functions.
The Scottish Dental Practice Board.
The Scottish Hospital Endowments Research Trust.
F281. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Standing Dental Advisory Committee.
The Standing Medical Advisory Committee.
The Standing Nursing and Midwifery Advisory Committee.
The Standing Pharmaceutical Advisory Committee.
The Unrelated Live Transplant Regulatory Authority.
The Welsh Committee for Professional Development of Pharmacy.
The Welsh Dental Committee.
The Welsh Medical Committee.
F284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Welsh Nursing and Midwifery Committee.
The Welsh Optometric Committee.
The Welsh Pharmaceutical Committee.
Education
F285. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The British Educational F286Communications and Technology Agency.
A City Academy established by an agreement under section 482 of the Education Act 1996.
A City College for the Technology of the Arts established by an agreement under section 482 of the Education Act 1996.
A City Technology College established by an agreement under section 482 of the Education Act 1996.
A college of further education maintained by an education authority, in the exercise of its further education functions in providing courses of further education within the meaning of section 1(5)(b)(ii) of the Education (Scotland) Act 1980.
F287. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Construction Industry Training Board.
The Engineering Construction Industry Training Board.
The General Teaching Council for England.
The General Teaching Council for Scotland.
The General Teaching Council for Wales.
The Higher Education Funding Council for England.
The Higher Education Funding Council for Wales.
F288The Chief Executive of Skills Funding.
Learning and Teaching Scotland.
F289. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Newbattle Abbey College.
F290The Qualifications and Curriculum Development Agency
F291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Quality Assurance Agency for Higher Education.
Sabhal Mòr Ostaig College.
The School Teachers’ Review Body.
F292The Scottish Further and Higher Education Funding Council.
F293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Scottish Further Education Unit, in respect of its public functions.
F294. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Scottish Qualifications Authority.
The Students Loans Company.
F295The Training and Development Agency for Schools.
F296The Young People's Learning Agency for England.
Police
The British Transport Police.
The Chief Constable for the Ministry of Defence Police appointed by the Secretary of State under section 1(3) of the Ministry of Defence Police Act 1987.
The Civil Nuclear Police Authority.
The chief constable of the Civil Nuclear Constabulary.
A chief constable of a police force maintained under section 2 of the Police Act 1996.
A chief constable of a police force maintained under section 1 of the Police (Scotland) Act 1967.
The Commissioner of Police for the City of London.
The Commissioner of Police of the Metropolis.
F297The National Policing Improvement Agency.
F298. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F299. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Police Negotiating Board.
A Selection Panel for Independent Members of Police Authorities.
Libraries, museums and arts
The Advisory Committee on Sites of Special Scientific Interest.
The Advisory Council on Public Records.
F300. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Arts Council of England.
The Arts Council of Wales.
The British Library.
The British Museum.
The British Tourist Authority.
The Commission for Architecture and the Built Environment.
The Countryside Council for Wales.
The Design Council.
F302. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The English Tourist Board.
The Film Council.
The Geffrye Museum.
The Historic Buildings and Monuments Commission for England F303(Known as English Heritage) .
F304. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F305. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Historic Royal Palaces Trust.
The Horniman Museum.
The Imperial War Museum.
F306. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F307. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308The Museum, Archives and Libraries Council
The Museum of London.
The Museum of Science and Industry in Manchester.
The National Endowment for Science, Technology and the Arts.
The National Galleries of Scotland.
The National Gallery.
The National Heritage Memorial Fund.
The National Library of Scotland.
The National Library of Wales.
F309. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The National Maritime Museum.
National Museums and Galleries on Merseyside.
National Museums and Galleries of Wales.
National Museums of Scotland.
The National Portrait Gallery.
The Natural History Museum.
The Registrar of Public Lending Right.
F310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Royal Armouries.
The Royal Botanic Garden, Edinburgh.
The Royal Botanic Gardens, Kew.
The Royal Commission on Ancient and Historical Monuments of Scotland.
The Royal Commission on Ancient and Historical Monuments of Wales.
The Royal Commission on Historical Manuscripts.
F311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Scottish Arts Council.
Scottish Natural Heritage.
Scottish Screen.
Scottish Sports Council.
F313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sir John Soane’s Museum.
Sport England.
The Sports Council for Wales.
The Tate Gallery.
The Theatres Trust.
The Treasure Valuation Committee.
The UK Sports Council.
The Victoria and Albert Museum.
F314VisitScotland.
F315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Wallace Collection.
Public corporations and nationalised industries
The Bank of England, in respect of its public functions.
The British Broadcasting Corporation, in respect of its public functions.
F316. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Channel Four Television Corporation, in respect of its public functions.
The Civil Aviation Authority.
The Coal Authority.
The Covent Garden Market Authority.
F317The Consumer Council for Water.
F318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F319. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sianel Pedwar Cymru (Welsh Fourth Channel Authority), in respect of its public functions.
The United Kingdom Atomic Energy Authority, in respect of its public functions.
Regulatory, audit and inspection
The Accounts Commission for Scotland.
The Advisory, Conciliation and Arbitration Service (ACAS).
The Association of Authorised Public Accountants.
The Association of Certified Chartered Accountants.
The Association of Child Psychotherapy.
The Audit Commission for Local Authorities and the National Health Service in England F320. . . .
Audit Scotland.
The British Hallmarking Council.
The British Standards Institute.
The Chartered Institute of Patent F321Attorneys , in respect of its public functions.
The Council for Licensed Conveyancers, in respect of its public functions.
The Engineering Council F322(UK) .
The Financial Services Authority.
The General Chiropratic Council.
The General Council of the Bar of England and Wales, in respect of its public functions.
The General Dental Council.
The General Medical Council.
The General Optical Council.
The General Osteopathic Council.
F323The General Pharmaceutical Council.
The General Social Care Council.
F324The Health Professions Council.
The Insolvency Practitioners Association.
The Institute of Chartered Accountants in England and Wales.
The Institute of Chartered Accountants of Scotland.
The Institute of Legal Executives, in respect of its public functions.
The Institute of Trade Mark Attorneys.
The Law Society of England and Wales, in respect of its public functions.
The Law Society of Scotland, in respect of its public functions.
F325Her Majesty’s Inspectorate of Court Administration
F326. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Master of the Court of the Faculties of the Archbishop of Canterbury, in respect of its public functions.
The National Audit Office.
The Office for Budget Responsibility.
F327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Research
The Alcohol Education and Research Council.
F329. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Biotechnology and Biological Sciences Research Council.
The Council for the Central Laboratory of the Research Councils.
The Economic and Social Research Council.
The Engineering and Physical Sciences Research Council.
The Fire Service Research and Training Trust.
The Horticultural Development Council.
The Medical Research Council.
The Natural Environment Research Council.
The Particle Physics and Astronomy Research Council.
Other Bodies, etc.
The Administrative Justice and Tribunals Council.
The Advisory Committee on Hazardous Substances.
The Advisory Committee on Pesticides.
The Advisory Committee on Releases to the Environment.
The Advisory Council on the Misuse of Drugs.
An Agricultural Dwelling House Advisory Committee established under the Rent (Agriculture) Act 1976.
The Agricultural Wages Board for England and Wales.
An Agricultural Wages Committee.
The Agriculture and Horticulture Development Board.
The Animal Procedures Committee.
F330. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Britain-Russia Centre.
The British Association for Central and Eastern Europe.
The British Council.
F331. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The British Waterways Board.
The British Wool Marketing Board.
The Building Regulations Advisory Committee.
The Building Regulations Advisory Committee for Wales.
The Building Standards Advisory Committee.
The Central Advisory Committee on War Pensions.
The Children and Family Court Advisory and Support Service.
The Civil Justice Council.
The Civil Procedure Rule Committee.
A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
Commission for Equality and Human Rights
F332. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commission for Rural Communities.
F333. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Committee on Climate Change.
The Commonwealth Scholarship Commission in the United Kingdom.
The Community Development Foundation.
F334. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F335. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Criminal Injuries Compensation Authority.
The Crofters’ Commission.
The Crown Court Rule Committee.
The Deer Commission for Scotland.
The Disability Living Allowance Advisory Board.
F336. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Disabled Persons Transport Advisory Committee.
An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.
The Electoral Commission.
F337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Environment Agency.
The Environment Agency Advisory Committee for Wales.
F338. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Family Proceedings Rule Committee.
The Firearms Consultative Committee.
F339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Food From Britain.
The F340Gambling Commission.
F341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Government Hospitality Advisory Committee for the Purchase of Wine.
The Great Britain-China Centre.
F342. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health and Safety Executive.
F343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F344. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Honours Scrutiny Committee.
F346. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F347. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An Independent Monitoring Board appointed under section 6(2) of the Prison Act 1952.
The Industrial Injuries Advisory Council.
The Information Commissioner.
F348Inland Waterways Advisory Council
The Insolvency Rules Committee.
Investors in People UK.
The Joint Nature Conservation Committee.
The Land Registration Rule Committee.
The Law Commission.
The Legal Services Commission.
F349. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government Boundary Commission for Scotland.
The Local Government Boundary Commission for Wales.
F350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Low Pay Commission.
The Magistrates’ Courts Rule Committee.
The Marine Management Organisation.
The Marshall Aid Commemoration Commission.
F351. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F352. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F353. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The National Forest Company.
F354. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Natural England.
F355. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Northern Lighthouse Board.
The Oil and Pipelines Agency.
The Olympic Delivery Authority.
The Overseas Service Pensions Scheme Advisory Board.
A probation trust.
A provider of probation services (other than the Secretary of State or a probation trust), in respect of its statutory functions and the carrying out by it of activities of a public nature in pursuance of arrangements made with it under section 3(2) of the Offender Management Act 2007.
A Regional Flood Defence Committee established under section 14 of the Environment Act 1995.
The Scottish Agricultural Wages Board.
The Scottish Committee of the Administrative Justice and Tribunals Council.
F356. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Scottish Environment Protection Agency.
The Scottish Industrial Development Advisory Board.
The Scottish Law Commission.
The Scottish Legal Aid Board.
The Scottish Parliamentary Corporate Body.
The Scottish Records Advisory Council.
The Sea Fish Industry Authority.
F357. . .
The Serious Organised Crime Agency.
The Social Security Advisory Committee.
F358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Trinity House Lighthouse Service.
The trustee corporation established by section 75 of the Pensions Act 2008.
A Visiting Committee appointed under section 152 of the Immigration and Asylum Act 1999 for an immigration detention centre.
The Wales New Deal Advisory Task Force.
A War Pensions Committee.
The Water Industry Commission for Scotland.
F359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Welsh Committee of the Administrative Justice and Tribunals Council.
F360. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Welsh Industrial Development Advisory Board.
The Welsh Language Board.
The Welsh Scientific Advisory Committee.
The Westminster Foundation for Democracy.
The Wilton Park Academic Council.
The Wine Standards Board of the Vintners’ Company.
The Youth Justice Board for England and Wales.
PART IIIBODIES AND OTHER PERSONS ADDED ON 31ST DECEMBER 2003
Local Government
A National Park authority established by a designation order made under section 6 of the National Parks (Scotland) Act 2000.
Health
F361. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F362The Council for Healthcare Regulatory Excellence
The Health Professions Council.
The Nursing and Midwifery Council.
The Royal College of Physicians and Surgeons of Glasgow, in respect of its public functions.
The Royal College of Physicians of Edinburgh, in respect of its public functions.
The Royal College of Surgeons of Edinburgh, in respect of its public functions.
Education
F363The National College for School Leadership
Police
F364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F365. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Independent Police Complaints Commission.
A Port Police Force established under an order made under section 14 of the Harbours Act 1964.
The Port Police Force established under Part X of the Port of London Act 1968.
A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847.
Regulatory, audit and inspection
The Association of International Accountants, in respect of its public functions.
The Financial Reporting Review Panel.
The National Lottery Commission.
The Scottish Information Commissioner.
The Scottish Commission for the Regulation of Care.
The Scottish Social Services Council.
The Security Industry Authority.
The Standards Board for England.
Other Bodies etc.
F366. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Historic Environment Advisory Council for Scotland.
The League for the Exchange of Commonwealth Teachers.
F367. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Royal College of Veterinary Surgeons, in respect of its public functions.
The Royal Commission on Environmental Pollution.
Scottish Water.
The Sector Skills Development Agency.
SITPRO Ltd, in respect of its public functions.
A Water Customer Consultation Panel established by an order pursuant to section 2(1) of the Water Industry (Scotland) Act 2002.
PART IVBodies and other Persons added on 31st December 2004
Health
F368. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Independent Regulator of NHS Foundation Trusts
Regulatory, Audit and Inspection
F369. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Office of Communications (Ofcom)
The Social Fund Commissioner of the Independent Review Service
Other Bodies etc
F370. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
National Museum for Science and Industry
Remploy Limited
Royal Parks in England
UK Sport
Women’s National Commission
PART VBODIES AND OTHER PERSONS ADDED ON 3RD OCTOBER 2006
Libraries, museums and arts
Architecture and Design Scotland.
The Arts and Humanities Research Council.
The Scottish Library and Information Council.
The Scottish Museums Council.
Regulatory, audit and inspection
The Football Licensing Authority.
The Gas and Electricity Markets Authority.
The Pensions Regulator.
Other bodies etc.
Bòrd na Gàidhlig.
The Board of the Pension Protection Fund.
The British Transport Police Authority.
A chief officer of a community justice authority appointed under section 4 of the Management of Offenders etc. (Scotland) Act 2005 M43.
A Chief Officer of a relevant authority appointed under section 7 of the Fire (Scotland) Act 2005 M44.
The Commissioner for Children and Young People in Scotland.
A community justice authority established under section 3 of the Management of Offenders etc. (Scotland) Act 2005.
A joint fire and rescue board constituted by a scheme under section 2(1) of the Fire (Scotland) Act 2005.
The Mobility and Access Committee for Scotland.
The Office for Fair Access.
The panel constituted under Schedule 4 to the Rent (Scotland) Act 1984 M45.
The Risk Management Authority.
Scottish UfI Ltd.
Scottish UfI Trust Ltd.
Transport Partnerships created under the Transport (Scotland) Act 2005 M46.
SCHEDULE 2 Transitional Provisions
Interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
F372. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F373. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F374. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F375. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F376. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F377. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F378. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F379. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations under s. 27(9) of 1968 Act
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F380. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Property, rights and liabilities of Race Relations Board and Community Relations Commission
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
F381. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
F382. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38413
F385SCHEDULE 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3861
SCHEDULE 4 AMENDMENTS OF SEX DISCRIMINATION ACT 1975
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
F388. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F389. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X703
F390. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3914
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F392. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F393. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F394. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F395. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F396. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .