Schedule 1, Part 2: Proceedings
314.Paragraphs 5 and 6 allow the CEHR to regulate its own proceedings. A minimum of five Commissioners must be present when the procedure regarding quorum for meetings is established.
315.Paragraphs 7 and 8 require the CEHR to appoint, with the approval of the Secretary of State, a chief executive and it may appoint other staff as appropriate. The Secretary of State must also approve the overall number of staff and terms and conditions of appointment.
316.Paragraph 9 permits the CEHR to also appoint an Investigating Commissioner to carry out an investigation, other enforcement action, and inquiries.
317.The CEHR may delegate any of its functions to another Commissioner or to staff. The CEHR can also establish advisory or decision-making committees, which can be made up of Commissioners, staff and external members. Decision-making committees must be chaired by a Commissioner and can have any function delegated to them.
318.Paragraphs 16 to 31 set out the requirements for the CEHR to establish a Scotland Committee and a Wales Committee. Each Committee shall be chaired by the relevant Commissioner with knowledge of conditions in Scotland or Wales. The Committees must be established before any of the general duties (sections 8 to 12) come into force. The Committees have an advisory role in respect of the CEHR’s functions insofar as they affect Scotland and Wales respectively. The CEHR is obliged to consult the Scotland or Wales Committee before undertaking a function that, in its opinion, may affect people in Scotland and Wales respectively.
319.The Committees have delegated decision-making powers in respect of the activities listed in section 13 in so far as the activities, in the opinion of the CEHR, affect Scotland and Wales. They will also have delegated power under section 11(2)(c) and section 11(2)(d) to provide advice to the devolved administrations in respect of law which, in the opinion of the CEHR, affects only Scotland or Wales respectively. The CEHR is unable, therefore, to undertake these activities to the extent that they are delegated to the Committees. The Scotland and Wales Committees are not able to exercise these decision-making powers where they have been delegated to the Disability Committee under Part 5 of Schedule 1: in those circumstances, the Disability Committee is obliged by paragraph 52(4) and (5) to consult the Scotland or Wales Committees before exercising the powers.
320.Notwithstanding the delegation of section 13, the CEHR may provide advice or guidance on a GB-wide basis, such as, for example, through a helpline or the publication of advice leaflets or contract with another party to provide this service.
321.Paragraph 32 requires the CEHR to prepare and publish an annual report, including in relation to its activities in Scotland and Wales, and submit it to the Secretary of State. The Secretary of State must lay the annual report before Parliament. The annual report must also be sent to the Scottish Parliament and the National Assembly for Wales.
322.Paragraphs 33 and 34 allow the CEHR to continue proceedings irrespective of whether there is an outstanding vacancy (including the Chair) or whether there is an irregularity in respect of an appointment on either the CEHR Board or a committee.
