Royal arms

Race Relations Act 1976 (Repealed)

1976 CHAPTER 74

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part I Discrimination To Which Act Applies

1 Racial discrimination.

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Discrimination by way of victimisation.

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Meaning of “racial grounds", “racial group" etc.

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3AHarassment

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II Discrimination in the Employment Field

Discrimination by employers

4F6. . . applicants and employees.

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4AException for genuine occupational requirement

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 Exceptions for genuine occupational qualifications.

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Exception for employment intended to provide training in skills to be exercised outside Great Britain.

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7F11. . . contract workers.

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 Meaning of employment at establishment in Great Britain.

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 Exception for seamen recruited abroad.

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discrimination by other bodies

10 Partnerships.

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11 Trade unions etc.

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12 Qualifying bodies.

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1813 Persons concerned with provision of vocational training.

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14 Employment agencies.

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15 Manpower Services Commission etc.

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police

F2216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Discrimination in other fields

Education

17F23. . . bodies in charge of educational establishments.

F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2517A Meaning of pupil in section 17.

F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18 Other discrimination F27etc. by local education authorities.

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2918AF30Discrimination by further and higher education funding bodies

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18BF32. . . Scottish Further and Higher Education Funding Councils.

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3418BAScottish Further and Higher Education Funding Council

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3618C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3918DF37. . . F38Training and Development Agency for Schools.

F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4219ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43 Planning

19A Discrimination by planning authorities.

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45 Public authorities

F4719BF46. . . public authorities.

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4919C Exceptions or further exceptions from section 19B for judicial and legislative acts etc.

F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5119D Exception from section 19B for certain acts in immigration and nationality cases.

F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5319E Monitoring of exception in relation to immigration and nationality cases.

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5519F Exceptions from section 19B for decisions not to prosecute etc.

F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Goods, facilities, services and premises

20F57. . . provision of goods, facilities or services.

F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21F59. . . disposal or management of premises.

F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22 Exception from ss. 20(1) and 21: small dwellings.

F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23 Further exceptions from F62ss 20 and 21.

F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24F64. . . consent for assignment or sub-letting.

F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25 Discrimination: associations not within s. 11.

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26 Exception from s. 25 for certain associations.

F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68 Barristers

26AF69. . . barristers.

F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advocates

26BF71. . . advocates.

F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent

27 Extent of Part III.

F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV Other Unlawful Acts

27ARelationships which have come to an end

F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 Discriminatory practices.

F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29 Discriminatory advertisements.

F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30 Instructions to F77commit unlawful acts.

F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 Pressure to F79commit unlawful acts.

F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32 Liability of employers and principals.

F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33 Aiding unlawful acts.

F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V Charities

34 Charities.

F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VI General Exceptions From Parts II to IV

35 Special needs of racial groups in regard to education, training or welfare.

F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36 Provision of education or training for persons not ordinarily resident in Great Britain.

F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37 Discriminatory training by certain bodies.

F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38 Other discriminatory training etc.

F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39 Sports and competitions.

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40 Indirect access to benefits etc.

F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41 Acts done under statutory authority etc.

F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42 Acts safeguarding national security.

F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92F92Part 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 F93and 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.

F94(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)

F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F96all or any of the following purposes, namely—

(a)

the elimination of discrimination F97and harassment in the field of employment;

(b)

the promotion of equality of opportunity in that field between persons of different racial groups;

F98(c)

the elimination of discrimination F97and harassment in the field of housing . . . F99;

(d)

the promotion of equality of opportunity in the field of . . . F99housing 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 F100relating 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.

F101(3A)

In the course of preparing any draft code of practice relating to the field of . . . F99housing 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 F102a 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 F103employment tribunalF104a 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 F104or 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 F105acts 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)

F106Section 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 F106said 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 F107level 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 F108level 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.

F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement in employment field

54 Jurisdiction of F110employment tribunals.

F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54ABurden of proof: employment tribunals

F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11355

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56 Remedies on complaint under s. 54.

F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of Part III

57 Claims under Part III F115etc..

F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57ZABurden of proof : County and Sheriff Courts

F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11857A Claims under section 19B in immigration cases.

F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-discrimination notices

58 Issue of non-discrimination notice.

F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59 Appeal against non-discrimination notice.

F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60 Investigation as to compliance with non-discrimination notice.

F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61 Register of non-discrimination notices.

F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other enforcement by Commission

62 Persistent discrimination.

F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63 Enforcement of ss. 29 to 31.

F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64 Preliminary action in employment cases.

F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Help for persons suffering discrimination

65 Help for aggrieved persons in obtaining information etc.

F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66 Assistance by Commission.

F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sheriff courts and designated county courts

67 Sheriff courts and designated county courts.

F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13067A National security: procedure.

F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period within which proceedings to be brought

68 Period within which proceedings to be brought.

F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F133employment 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 F134or 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; F135. . .

F135(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

70F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part X Supplemental

F13771 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 F138discrimination and victimisation; and

(b)

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

(2)

The F139Secretary 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 F139Secretary of State shall consult the Commission.

(5)

The F139Secretary of State may by order amend Schedule 1A; but no such order may extend the application of this section unless the F139Secretary of State considers that the extension relates to a person who exercises functions of a public nature.

(6)

An order under subsection (2) or (5) may contain such incidental, supplementary or consequential provision as the F139Secretary 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 F140 provision of the Equality Act 2010 (“the 2010 Act”), so far as relating to race (within the meaning of that Act).

F141(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.

F14271A General statutory duty: special cases.

(1)

In relation to the carrying out of immigration and nationality functions F143. . ., section 71(1)(b) has effect with the omission of the words “equality of opportunity and".

F144(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.

F14571B 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)

Before making an order under section 71(2) in relation to functions exercisable in relation to Wales by a person who is not a Welsh public authority, the F146Secretary of State shall consult the F147Welsh Ministers .

(3)

The F146Secretary of State shall not make an order under section 71(2) in relation to functions of a Welsh public authority except with the consent of the F148Welsh Ministers .

(4)

In this section “Welsh public authority” means any person whose functions are exercisable only in relation to Wales and F149 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.

F15071C General statutory duty: codes of practice.

F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15271D General statutory duty: compliance notices.

F153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15471E Enforcement of compliance notices.

F155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72 Validity and revision of contracts.

F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72ACollective agreements and rules of undertakings

F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73 Power to amend certain provisions of Act.

F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

74 Orders and regulations.

F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75 Application to Crown etc.

F161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16275A Application to House of Commons staff.

F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16475B Application to House of Lords staff.

F165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76 Government appointments outside s. 4.

F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76ZAOther office holders

F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F168 Police

F16976A Police forces.

F170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17176B Other police bodies etc.

F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77 Financial provisions.

F173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78General interpretation provisions.

F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

79 Transitional and commencement provisions, amendments and repeals.

F175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80 Short title and extent.

F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

Annotations:
Modifications etc. (not altering text)

C19Sch. 1 para. 16: functions which were exercisable jointly by the Minister for the Civil Service and the Treasury now exercisable by the Treasury; S.I. 1981/1670, art. 2(4)

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 ”

Annotations:
Marginal Citations
Editorial Information

X1The text of s. 79(3)(4), Sch. 1 para. 18(1)(2), Sch. 3 para. 1(1)(5), Sch. 4 paras. 1–9, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F177SCHEDULE 1ABodies and other persons subject to general statutory duty

F178PART I ORIGINAL CATEGORIES OF BODIES AND OTHER PERSONS

Annotations:
Amendments (Textual)

F178Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F179X2F180National Assembly for Wales Commission

3A

The National Assembly for Wales Commission.

X3F181F1823

(1)

The National Assembly for Wales.

(2)

An Assembly subsidiary as defined by section 99(4) of the M12Government 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)..

X4F183 National Health Service: England and Wales

Annotations:
Amendments (Textual)

F183Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Editorial Information

X4The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

5A

A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

8A

An NHS foundation trust.

X5F184 Local government

Annotations:
Amendments (Textual)

F184Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Editorial Information

X5The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

21

F185A 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.

X6 Other housing bodies

Annotations:
Editorial Information

X6The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

52A

The Homes and Communities Agency.

F186PART II BODIES AND OTHER PERSONS ADDED AFTER COMMENCEMENT OF GENERAL STATUTORY DUTY

Health

The Administration of Radioactive Substances Advisory Committee.

The Care Quality Commission.

F187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Commons Services Agency for the NHS in Scotland.

F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F193The Health Protection Agency.

The Human Fertilisation and Embryology Authority.

F194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Joint Committee on Vaccination and Immunisation.

The Mental Welfare Commission for Scotland.

The Office of the Health Professions Adjudicator.

F196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F199. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Welsh Nursing and Midwifery Committee.

The Welsh Optometric Committee.

The Welsh Pharmaceutical Committee.

Education

F202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The British Educational F203Communications 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.

F204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F205The Chief Executive of Skills Funding.

Learning and Teaching Scotland.

F206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Newbattle Abbey College.

F207The Qualifications and Curriculum Development Agency

F208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Quality Assurance Agency for Higher Education.

Sabhal Mòr Ostaig College.

The School Teachers’ Review Body.

F209The Scottish Further and Higher Education Funding Council.

F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Scottish Further Education Unit, in respect of its public functions.

F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Scottish Qualifications Authority.

The Students Loans Company.

F212The Training and Development Agency for Schools.

F213The 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.

F214The National Policing Improvement Agency.

F215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The English Tourist Board.

The Film Council.

The Geffrye Museum.

The Historic Buildings and Monuments Commission for England F220(Known as English Heritage) .

F221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Historic Royal Palaces Trust.

The Horniman Museum.

The Imperial War Museum.

F223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F225The 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.

F226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Scottish Arts Council.

Scottish Natural Heritage.

Scottish Screen.

Scottish Sports Council.

F230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F231VisitScotland.

F232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Channel Four Television Corporation, in respect of its public functions.

The Civil Aviation Authority.

The Coal Authority.

The Covent Garden Market Authority.

F234The Consumer Council for Water.

F235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F237. . . .

Audit Scotland.

The British Hallmarking Council.

The British Standards Institute.

The Chartered Institute of Patent F238Attorneys , in respect of its public functions.

The Council for Licensed Conveyancers, in respect of its public functions.

The Engineering Council F239(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.

F240The General Pharmaceutical Council.

The General Social Care Council.

F241The 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.

F242Her Majesty’s Inspectorate of Court Administration

F243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Research

The Alcohol Education and Research Council.

F246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Britain-Russia Centre.

The British Association for Central and Eastern Europe.

The British Council.

F248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commission for Rural Communities.

F250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Committee on Climate Change.

The Commonwealth Scholarship Commission in the United Kingdom.

The Community Development Foundation.

F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Injuries Compensation Authority.

The Crofters’ Commission.

The Crown Court Rule Committee.

The Deer Commission for Scotland.

The Disability Living Allowance Advisory Board.

F253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Environment Agency.

The Environment Agency Advisory Committee for Wales.

F255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Family Proceedings Rule Committee.

The Firearms Consultative Committee.

F256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Food From Britain.

The F257Gambling Commission.

F258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Government Hospitality Advisory Committee for the Purchase of Wine.

The Great Britain-China Centre.

F259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Health and Safety Executive.

F260. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Honours Scrutiny Committee.

F263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

An Independent Monitoring Board appointed under section 6(2) of the Prison Act 1952.

The Industrial Injuries Advisory Council.

The Information Commissioner.

F265Inland 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.

F266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Boundary Commission for Scotland.

The Local Government Boundary Commission for Wales.

F267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Low Pay Commission.

The Magistrates’ Courts Rule Committee.

The Marine Management Organisation.

The Marshall Aid Commemoration Commission.

F268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F270. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Forest Company.

F271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Natural England.

F272. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F273. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F274. . .

The Serious Organised Crime Agency.

The Social Security Advisory Committee.

F275. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F276. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Welsh Committee of the Administrative Justice and Tribunals Council.

F277. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F278. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F279The 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

F280The National College for School Leadership

Police

F281. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Historic Environment Advisory Council for Scotland.

The League for the Exchange of Commonwealth Teachers.

F284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F285. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Independent Regulator of NHS Foundation Trusts

Regulatory, Audit and Inspection

F286. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Office of Communications (Ofcom)

The Social Fund Commissioner of the Independent Review Service

Other Bodies etc

F287. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 M13.

A Chief Officer of a relevant authority appointed under section 7 of the Fire (Scotland) Act 2005 M14.

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 M15.

The Risk Management Authority.

Scottish UfI Ltd.

Scottish UfI Trust Ltd.

Transport Partnerships created under the Transport (Scotland) Act 2005 M16.

SCHEDULE 2 Transitional Provisions

F288Section 79.

Interpretation

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

1

F289. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

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

2

F290. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

3

F291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

4

F292. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

5

F293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

6

F294. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

7

F295. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

8

F296. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations under s. 27(9) of 1968 Act

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

9

F297. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Property, rights and liabilities of Race Relations Board and Community Relations Commission

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

10

F298. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

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

11

F299. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F30012

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

F30113

F302SCHEDULE 3

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

F3031

SCHEDULE 4 AMENDMENTS OF SEX DISCRIMINATION ACT 1975

F304Section 79.

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

1

F305. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

2

F306. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

X73

F307. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F3084

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

5

F309. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

6

F310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

7

F311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

8

F312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

9

F313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X8SCHEDULE 5

Annotations:
Editorial Information

X8The text of s. 79(3)(4), Sch. 1 para. 18(1)(2), Sch. 3 para. 1(1)(5), Sch. 4 paras. 1–9, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.