Equality Act 2006 - legislation

1 Equality Act 2006 CHAPTER 3 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately 9 00 Equality Act 2006 CHAPTER 3 CONTENTSPART 1 THE COMMISSION FOR Equality AND HUMAN RIGHTSThe Commission1 Establishment2 Constitution, & duty4 Strategic plan5 Strategic plan: consultation6 Disclosure7 Scotland: human rightsDuties8 Equality and diversity9 Human rights10 Groups11 Monitoring the law12 Monitoring progressGeneral powers13 Information, advice, & of practice15 Codes of practice: supplemental16 Inquiries17 Grants18 Human rights19 GroupsEquality Act 2006 (c. 3)iiEnforcement powers20 Investigations21 Unlawful act notice22 Action plans23 Agreements24 Applications to court25 Application to restrain unlawful advertising, pressure, & 25: supplemental27 Conciliation28 Legal assistance29 Legal assistance: costs30 Judicial review and other legal proceedings31 Public sector duties: assessment32 Public sector duties: compliance noticeInterpretation33 Equality and human rights enactments34 Unlawful35 GeneralDissolution of Existing Commissions36 Dissolution37 Transfer of property, & of property: supplementalMiscellaneous39 Orders and regulations40 Consequential amendments41 Transitional: the Commission42 Transitional: functions of the dissolved Commissions43 Transitional.

2 Rented housing in ScotlandPART 2 DISCRIMINATION ON GROUNDS OF RELIGION OR BELIEFKey concepts44 Religion and belief45 DiscriminationProhibited discrimination46 Goods, facilities and services47 Premises48 Section 47: exceptions49 Educational establishments50 Section 49: exceptions51 Local education authorities and education authorities52 Public authorities: generalEquality Act 2006 (c. 3)iiiOther unlawful acts53 Discriminatory practices54 Discriminatory advertisements55 Instructing or causing discriminationGeneral exceptions56 Statutory requirements57 Organisations relating to religion or belief58 Charities relating to religion or belief59 Faith schools, & requirement61 Education, training and welfare62 Care within family63 National security64 Amendment of exceptionsEnforcement65 Restriction of proceedings66 Claim of unlawful action67 Immigration68 Remedies69 Timing70 Information71 National security72 Validity and revision of contractsGeneral73 Aiding unlawful acts74 Employers and principals liability75 Police, & provision of benefit.

3 & Equality Regulations78 Crown application79 Interpretation80 Territorial applicationPART 3 DISCRIMINATION ON GROUNDS OF SEXUAL ORIENTATION81 Regulations82 Regulations for Northern IrelandPART 4 PUBLIC FUNCTIONSSex discrimination83 Prohibition of discrimination84 General duty to promote Equality , & Act 2006 (c. 3)iv85 Specific duties86 Codes of practice87 National securityDisability discrimination88 General duty: exceptions89 National securityRace discrimination90 National securityPART 5 GENERAL91 Repeals92 Crown application93 Commencement94 Extent95 Short titleSchedule 1 The Commission: Constitution, & 1 ConstitutionPart 2 ProceedingsPart 3 MoneyPart 4 Status, & 5 Disability CommitteeSchedule 2 Inquiries, Investigations and AssessmentsSchedule 3 Amendments Consequential on Part 1 Schedule 4 RepealsELIZABETH IIc.

4 3 Equality Act 20062006 CHAPTER 3An Act to make provision for the establishment of the Commission forEquality and Human Rights; to dissolve the equal Opportunities Commission,the Commission for Racial Equality and the Disability Rights Commission; tomake provision about discrimination on grounds of religion or belief; toenable provision to be made about discrimination on grounds of sexualorientation; to impose duties relating to sex discrimination on personsperforming public functions; to amend the Disability Discrimination Act 1995;and for connected purposes.[16th February 2006 ]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 THE COMMISSION FOR Equality AND HUMAN RIGHTSThe Commission1 EstablishmentThere shall be a body corporate known as the Commission for Equality andHuman , & 1 (constitution of the Commission, proceedings, money, &c.)

5 Shallhave Act 2006 (c. 3)Part 1 The Commission for Equality and Human Rights23 General dutyThe Commission shall exercise its functions under this Part with a view toencouraging and supporting the development of a society in which (a)people s ability to achieve their potential is not limited by prejudice ordiscrimination,(b)there is respect for and protection of each individual s human rights,(c)there is respect for the dignity and worth of each individual,(d)each individual has an equal opportunity to participate in society, and(e)there is mutual respect between groups based on understanding andvaluing of diversity and on shared respect for Equality and plan(1)The Commission shall prepare a plan showing (a)activities or classes of activity to be undertaken by the Commission inpursuance of its functions under this Act,(b)an expected timetable for each activity or class, and(c)priorities for different activities or classes, or principles to be applied indetermining priorities.

6 (2)The Commission shall review the plan (a)at least once during the period of three years beginning with itscompletion,(b)at least once during each period of three years beginning with thecompletion of a review, and(c)at such other times as the Commission thinks appropriate.(3)If the Commission thinks it appropriate as a result of a review, the Commissionshall revise the plan.(4)The Commission shall send the plan and each revision to the Secretary of State,who shall lay a copy before Parliament.(5)The Commission shall publish the plan and each plan: consultationBefore preparing or reviewing a plan in accordance with section 4 theCommission shall (a)consult such persons having knowledge or experience relevant to theCommission s functions as the Commission thinks appropriate,(b)consult such other persons as the Commission thinks appropriate,(c)issue a general invitation to make representations, in a manner likely inthe Commission s opinion to bring the invitation to the attention of aslarge a class of persons who may wish to make representations as isreasonably practicable, and(d)take account of any representations (1)A person who is or was a Commissioner, an Investigating Commissioner, anemployee of the Commission or a member of a committee established by theEquality Act 2006 (c.)

7 3)Part 1 The Commission for Equality and Human Rights3 Commission commits an offence if he discloses information to which thissection applies unless subsection (3) authorises the disclosure.(2)This section applies to information acquired by the Commission (a)by way of representations made in relation to, or otherwise in thecourse of, an inquiry under section 16,(b)by way of representations made in relation to, or otherwise in thecourse of, an investigation under section 20,(c)by way of representations made in relation to, or otherwise in thecourse of, an assessment under section 31,(d)by way of representations made in relation to, or otherwise inconnection with, a notice under section 32, or(e)from a person with whom the Commission enters into, or considersentering into, an agreement under section 23.

8 (3)This subsection authorises a disclosure made (a)for the purpose of the exercise of a function of the Commission underany of sections 16, 20, 21, 24, 25, 31 and 32,(b)in a report of an inquiry, investigation or assessment published by theCommission,(c)in pursuance of an order of a court or tribunal,(d)with the consent of each person to whom the disclosed informationrelates,(e)in a manner that ensures that no person to whom the disclosedinformation relates can be identified,(f)for the purpose of civil or criminal proceedings to which theCommission is party, or(g)if the information was acquired by the Commission more than 70 yearsbefore the date of the disclosure.(4)But subsection (3) does not authorise, nor may the Commission make, adisclosure of information provided by or relating to an intelligence serviceunless the service has authorised the disclosure.

9 (5)In subsection (4) intelligence service means (a)the Security Service,(b)the Secret Intelligence Service, and(c)the Government Communications Headquarters.(6)A person guilty of an offence under subsection (1) shall be liable on summaryconviction to a fine not exceeding level 5 on the standard : human rights(1)The Commission shall not take human rights action in relation to a matter if theScottish Parliament has legislative competence to enable a person to take actionof that kind in relation to that matter.(2)In subsection (1) human rights action means action taken (a)in accordance with section 9(1), and(b)under, by virtue of or in pursuance of (i)section 11(1) in so far as it relates to the Human Rights Act 1998(c. 42),(ii)section 11(2)(c) or (d), Equality Act 2006 (c. 3)Part 1 The Commission for Equality and Human Rights4(iii)section 12,(iv)section 13,(v)section 16,(vi)section 17, or(vii)section 30.

10 (3)Despite section 9(4), the Commission shall not, in the course of fulfilling a dutyunder section 8 or 10, consider the question whether a person s human rightshave been contravened if the Scottish Parliament has legislative competence toenable a person to consider that question.(4)Subsections (1) and (3) shall not prevent the Commission from taking actionwith the consent (whether general or specific) of a person if (a)the person is established by Act of the Scottish Parliament, and(b)the person s principal duties relate to human rights and are similar toany of the Commission s duties under section 9.(5)Subsections (1) and (3) shall not prevent the Commission from relying onsection 13(1)(f) so as to act jointly or cooperate (but not assist) for a purposerelating to human rights and connected with and diversity(1)The Commission shall, by exercising the powers conferred by this Part (a)promote understanding of the importance of Equality and diversity,(b)encourage good practice in relation to Equality and diversity,(c)promote Equality of opportunity,(d)promote awareness and understanding of rights under the equalityenactments,(e)enforce the Equality enactments,(f)work towards the elimination of unlawful discrimination, and(g)work towards the elimination of unlawful harassment.