http://www.legislation.gov.uk/ukpga/2006/3/schedulesEquality Act 2006An Act to make provision for the establishment of the Commission for Equality and Human Rights; to dissolve the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission; to make provision about discrimination on grounds of religion or belief; to enable provision to be made about discrimination on grounds of sexual orientation; to impose duties relating to sex discrimination on persons performing public functions; to amend the Disability Discrimination Act 1995; and for connected purposes.texttext/xmlenStatute Law Database2024-11-01Expert Participation2024-10-26 SCHEDULESSCHEDULE 1The Commission: Constitution, &c.Section 2Part 1Constitution<Emphasis>Membership</Emphasis>11The Secretary of State shall appoint not less than 10 or more than 15 individuals as members of the Commission (to be known as Commissioners).2The chief executive of the Commission (appointed under paragraph 7 below) shall be a Commissioner ex officio.21In appointing Commissioners the Secretary of State shall—aappoint an individual only if the Secretary of State thinks that the individual—ihas experience or knowledge relating to a relevant matter, oriiis suitable for appointment for some other special reason, andbhave regard to the desirability of the Commissioners together having experience and knowledge relating to the relevant matters.2For the purposes of sub-paragraph (1) the relevant matters are those matters in respect of which the Commission has functions including, in particular—adiscrimination (whether on grounds of age, disability, gender, gender reassignment, race, religion or belief, sexual orientation or otherwise), andbhuman rights.3The Secretary of State shall ensure that the Commission includes—aa Commissioner appointed under paragraph 1(1) who is (or has been) a disabled person,ba Commissioner appointed under paragraph 1(1), with the consent of the Scottish Ministers, who knows about conditions in Scotland, andca Commissioner appointed under paragraph 1(1), with the consent of the Welsh Ministers, who knows about conditions in Wales.4A person may not be appointed for the purpose of satisfying more than one paragraph of sub-paragraph (3).<Emphasis>Tenure</Emphasis>31A Commissioner shall hold and vacate office in accordance with the terms of his appointment (subject to this Schedule).2The appointment of a Commissioner must be expressed to be for a specified period of not less than two years or more than five years.3A Commissioner whose period of membership has expired may be re-appointed.4A Commissioner may resign by notice in writing to the Secretary of State.5The Secretary of State may dismiss a Commissioner who is, in the opinion of the Secretary of State, unable, unfit or unwilling to perform his functions.6This paragraph does not apply to the chief executive.<Emphasis>Chairman</Emphasis>41The Secretary of State shall appoint—aa Commissioner as Chairman, andbone or more Commissioners as deputy Chairman.2The Chairman shall—apreside over meetings of the Commission,bperform such functions as may be specified in the terms of his appointment, andcperform such other functions as may be assigned to him by the Commission.3A deputy Chairman—amay act for the Chairman when he is unavailable, andbshall perform—isuch functions as may be specified in the terms of his appointment, andiisuch other functions as the Chairman may delegate or assign to him.4The Chairman or a deputy Chairman—ashall vacate office if he ceases to be a Commissioner,bmay resign by notice in writing to the Secretary of State, andcotherwise, shall hold and vacate office in accordance with the terms of his appointment (and may be reappointed).5If the Chairman resigns he shall cease to be a Commissioner (but he may be reappointed as a Commissioner).6The chief executive may not be appointed Chairman or deputy Chairman.Part 2Proceedings<Emphasis>Procedure</Emphasis>5The Commission may regulate its own proceedings (subject to this Schedule).61The Commission shall determine a quorum for its meetings.2At least five Commissioners must participate in the process by which a determination under sub-paragraph (1) is made.<Emphasis>Staff</Emphasis>71The Commission—ashall appoint a chief executive, andbmay appoint other staff.2A person may be appointed under sub-paragraph (1)(a) only with the consent of the Secretary of State.3An appointment may be made under sub-paragraph (1)(b) only if consistent with arrangements determined by the Commission and approved by the Secretary of State as to—anumbers, andbterms and conditions of appointment.8At the end of section 3(2) of the Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) (exempt employers) add—; and cthe Commission for Equality and Human Rights.<Emphasis>Investigating Commissioners</Emphasis>91The Commission may appoint one or more Investigating Commissioners.2An Investigating Commissioner may be appointed only—afor the purpose of having delegated to him by the Commission the function of taking action of a kind listed in sub-paragraph (3), andbwith the consent of the Secretary of State.3The kinds of action referred to in sub-paragraph (2)(a) are—acarrying out an inquiry under section 16,bcarrying out an investigation under section 20,cgiving an unlawful act notice under section 21, anddentering into an agreement under section 23.4An Investigating Commissioner is not a Commissioner; but paragraphs 3(1), (4) and (5) and 33 apply to him as if he were (and with the substitution of references to the Commission for references to the Secretary of State).<Emphasis>Delegation</Emphasis>101The Commission may delegate a function—ato a Commissioner,bto staff, orcin accordance with paragraph 9, to an Investigating Commissioner.2Paragraphs 15, 21, 22, 29, 30 and 52 make provision about delegation to committees.<Emphasis>Committees</Emphasis>111The Commission may establish one or more committees (to be known as advisory committees) to advise—athe Commission, orban Investigating Commissioner.2An advisory committee may include any of the following—aCommissioners;bstaff;cother non-Commissioners.121The Commission may establish one or more committees to whom the Commission may delegate functions (to be known as decision-making committees).2A decision-making committee may include any of the following—aCommissioners;bstaff;cother non-Commissioners.3The Commission shall ensure that the Chairman of each decision-making committee is a Commissioner.4In allocating its resources the Commission shall ensure that each decision-making committee receives a share sufficient to enable it to exercise its functions.13A member of a committee shall hold and vacate office in accordance with the terms of his appointment by the Commission (which may include provision for dismissal).14The Commission—amay, to any extent, regulate the proceedings of a committee (and may, in particular, determine a quorum for meetings),bmay, to any extent, permit a committee to regulate its own proceedings (and may, in particular, enable a committee to determine a quorum for meetings), andcmay dissolve a committee.151The Commission may delegate a function to a decision-making committee.2This paragraph is subject to paragraphs 21, 22, 29, 30 and 52.<Emphasis>Scotland Committee</Emphasis>161The Commission shall establish a decision-making committee to be known as the Scotland Committee.2The Commission shall ensure that the Scotland Committee is established before any of sections 8 to 12 comes into force (to any extent).17The Commission shall appoint as the Chairman of the Scotland Committee a Commissioner appointed for the purpose of satisfying paragraph 2(3)(b).18The Commission shall appoint each member of the Scotland Committee for a period of not less than two years or more than 5 years, subject to the possibilities of—areappointment, andbdismissal in accordance with the terms of appointment.19The Scotland Committee shall advise the Commission about the exercise of the Commission's functions in so far as they affect Scotland.20Before exercising a function in a manner which in the opinion of the Commission is likely to affect persons in Scotland, the Commission shall consult the Scotland Committee.211The power under section 13—ashall be treated by virtue of this paragraph as having been delegated by the Commission to the Scotland Committee in so far as its exercise, in the opinion of the Commission, affects Scotland, andbto that extent shall not be exercisable by the Commission.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Sub-paragraph (1) shall not prevent the Commission from making arrangements under section 13(1)(d) or (e) for the provision of advice or guidance to persons anywhere in Great Britain.221The power under section 11(2)(c)—ashall be treated by virtue of this paragraph as having been delegated by the Commission to the Scotland Committee in so far as it concerns the giving of advice to devolved government about enactments which, in the opinion of the Commission, affect only Scotland, andbto that extent shall not be exercisable by the Commission.2The power under section 11(2)(d)—ashall be treated by virtue of this paragraph as having been delegated by the Commission to the Scotland Committee in so far as it concerns the giving of advice to devolved government about proposed changes in the law which, in the opinion of the Commission, would affect only Scotland, andbto that extent shall not be exercisable by the Commission.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23In allocating its resources the Commission shall ensure that the Scotland Committee receives a share sufficient to enable it to exercise its functions.<Emphasis>Wales Committee</Emphasis>241The Commission shall establish a decision-making committee to be known as the Wales Committee.2The Commission shall ensure that the Wales Committee is established before any of sections 8 to 12 comes into force (to any extent).25The Commission shall appoint as the Chairman of the Wales Committee a Commissioner appointed for the purpose of satisfying paragraph 2(3)(c).26The Commission shall appoint each member of the Wales Committee for a period of not less than two years or more than 5 years, subject to the possibilities of—areappointment, andbdismissal in accordance with the terms of appointment.27The Wales Committee shall advise the Commission about the exercise of its functions in so far as they affect Wales.28Before exercising a function in a manner which in the opinion of the Commission is likely to affect persons in Wales, the Commission shall consult the Wales Committee.291The power under section 13—ashall be treated by virtue of this paragraph as having been delegated by the Commission to the Wales Committee in so far as its exercise, in the opinion of the Commission, affects Wales, andbto that extent shall not be exercisable by the Commission.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Sub-paragraph (1) shall not prevent the Commission from making arrangements under section 13(1)(d) or (e) for the provision of advice or guidance to persons anywhere in Great Britain.301The power under section 11(2)(c)—ashall be treated by virtue of this paragraph as having been delegated by the Commission to the Wales Committee in so far as it concerns the giving of advice to devolved government about enactments which, in the opinion of the Commission, affect only Wales, andbto that extent shall not be exercisable by the Commission.2The power under section 11(2)(d)—ashall be treated by virtue of this paragraph as having been delegated by the Commission to the Wales Committee in so far as it concerns the giving of advice to devolved government about proposed changes in the law which, in the opinion of the Commission, would affect only Wales, andbto that extent shall not be exercisable by the Commission.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31In allocating its resources the Commission shall ensure that the Wales Committee receives a share sufficient to enable it to exercise its functions.<Emphasis>Annual report</Emphasis>321The Commission shall for each financial year prepare a report on the performance of its functions in that year (to be known as its annual report).2An annual report shall, in particular, indicate in what manner and to what extent the Commission's performance of its functions has accorded to the plan under section 4.3The matters addressed by an annual report shall, in particular, include the Commission's activities in relation to—aScotland, andbWales.4The Commission shall send each annual report to the Secretary of State within such period, beginning with the end of the financial year to which the report relates, as he may specify.5The Secretary of State shall lay before Parliament a copy of each annual report received under sub-paragraph (4).6The Commission shall send a copy of each annual report to—athe Scottish Parliament, andbthe National Assembly for Wales.<Emphasis>Savings</Emphasis>33The validity of proceedings of the Commission shall not be affected by—aa vacancy (whether for Commissioner, Chairman, deputy Chairman or chief executive), orba defect in relation to an appointment.34The validity of proceedings of a committee of the Commission shall not be affected by—aa vacancy (including a vacancy in the office of Chairman), orba defect in relation to an appointment (including a defect in relation to the office of Chairman).Part 3Money<Emphasis>Remuneration, &c.</Emphasis>351The Commission may pay to the Chairman, a deputy Chairman or another Commissioner—asuch remuneration as the Secretary of State may determine, andbsuch travelling and other allowances as the Secretary of State may determine.2The Commission may pay to or in respect of the Chairman, a deputy Chairman or another Commissioner such sums as the Secretary of State may determine by way of, or in respect of, pensions, allowances or gratuities.3If the Secretary of State thinks that there are special circumstances that make it right for a person ceasing to hold office as Chairman, deputy Chairman or Commissioner to receive compensation, the Commission may pay to him such compensation as the Secretary of State may determine.4This paragraph does not apply to the Chief Executive.361The Commission may pay sums to or in respect of a member or former member of staff by way of or in respect of—aremuneration,ballowances,cpensions,dgratuities, orecompensation for loss of employment.2In Schedule 1 to the Superannuation Act 1972 (c. 11) (employment to which superannuation schemes may extend) in the list of other bodies insert at the appropriate place—a“The Commission for Equality and Human Rights.”3The Commission shall pay to the Minister for the Civil Service such sums as he may determine in respect of any increase attributable to sub-paragraph (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c. 11).371The Commission may, with the approval of the Secretary of State, pay sums to or in respect of a member or former member of an advisory or decision-making committee by way of or in respect of—aremuneration,ballowances, orcgratuities.2This paragraph does not apply in relation to a person who is a member of staff of the Commission.3Approval for the purposes of sub-paragraph (1) may be general or specific.<Substitution ChangeId="key-7f34c27cbf3d3bcc7c2b7a41661d7320-1434371610636" CommentaryRef="key-7f34c27cbf3d3bcc7c2b7a41661d7320">Secretary of State</Substitution>38The Secretary of State shall pay to the Commission such sums as appear to the Secretary of State reasonably sufficient for the purpose of enabling the Commission to perform its functions.<Emphasis>Charging</Emphasis>39The Commission may make a charge for a service provided under section 13 ....<Emphasis>Accounts</Emphasis>401The Commission shall—akeep proper accounting records, andbprepare a statement of accounts in respect of each financial year in such form as the Secretary of State may direct.2The Commission shall send a copy of a statement under sub-paragraph (1)(b) to—athe Secretary of State, andbthe Comptroller and Auditor General.3A copy of a statement must be sent under sub-paragraph (2) within such period, beginning with the end of the financial year to which the statement relates, as the Secretary of State may direct.4The Comptroller and Auditor General shall—aexamine, certify and report on a statement received under this paragraph, andblay a copy of the statement and his report before Parliament.5The Secretary of State may make a direction under sub-paragraph (1)(b) only with the consent of the Treasury.<Emphasis>Financial year</Emphasis>411The financial year of the Commission shall be the period of 12 months ending with 31st March.2But the first financial year of the Commission shall be the period—abeginning with the coming into force of section 1, andbending with—ithe following 31st March, if that section comes into force on 1st April, andiithe second following 31st March, in any other case.Part 4Status, &c.<Emphasis>Status</Emphasis>421The Commission shall not—abe regarded as the servant or agent of the Crown, orbenjoy any status, immunity or privilege of the Crown.2Service as Commissioner, Investigating Commissioner or employee of the Commission is not employment in the civil service of the State.3The Secretary of State shall have regard to the desirability of ensuring that the Commission is under as few constraints as reasonably possible in determining—aits activities,bits timetables, andcits priorities.<Emphasis>Supervision</Emphasis>43In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments, &c. subject to investigation) at the appropriate place insert— “ The Commission for Equality and Human Rights. ”<Emphasis>Disqualifications</Emphasis>441In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies all members of which are disqualified) at the appropriate place insert— “ The Commission for Equality and Human Rights. ”2In Part III of that Schedule (other disqualifying offices) at the appropriate place insert— “ Investigating Commissioner of, or member of a decision-making committee of, the Commission for Equality and Human Rights. ”451In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies all members of which are disqualified) at the appropriate place insert— “ The Commission for Equality and Human Rights. ”2In Part III of that Schedule (other disqualifying offices) at the appropriate place insert— “ Investigating Commissioner of, or member of a decision-making committee of, the Commission for Equality and Human Rights. ”46A Commissioner or Investigating Commissioner, and a member of a decision-making committee of the Commission, shall be disqualified from being a member of the National Assembly for Wales.<Emphasis>Records</Emphasis>47In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records) at the appropriate place in Part II of the Table at the end of paragraph 3 insert— “ The Commission for Equality and Human Rights. ”<Emphasis>Freedom of information</Emphasis>48In Part VI of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public bodies) at the appropriate place insert— “ The Commission for Equality and Human Rights. ”Part 5Disability Committee<CommentaryRef Ref="key-3e06c752dde06e185fa5645bfa0ca6de"/><Emphasis>Establishment</Emphasis>49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<CommentaryRef Ref="key-3e06c752dde06e185fa5645bfa0ca6de"/><Emphasis>Membership</Emphasis>50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<CommentaryRef Ref="key-3e06c752dde06e185fa5645bfa0ca6de"/><Emphasis>Functions</Emphasis>52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<CommentaryRef Ref="key-3e06c752dde06e185fa5645bfa0ca6de"/><Emphasis>Resources</Emphasis>55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<CommentaryRef Ref="key-3e06c752dde06e185fa5645bfa0ca6de"/><Emphasis>Report</Emphasis>56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<CommentaryRef Ref="key-3e06c752dde06e185fa5645bfa0ca6de"/><Emphasis>5-year review</Emphasis>57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SCHEDULE 2Inquiries, Investigations and AssessmentsSections 16, 20 and 31<Emphasis>Introduction</Emphasis>1This Schedule applies to—ainquiries under section 16,binvestigations under section 20, andcassessments under section 31.<Emphasis>Terms of reference</Emphasis>2Before conducting an inquiry the Commission shall—apublish the terms of reference of the inquiry in a manner that the Commission thinks is likely to bring the inquiry to the attention of persons whom it concerns or who are likely to be interested in it, andbin particular, give notice of the terms of reference to any persons specified in them.3Before conducting an investigation the Commission shall—aprepare terms of reference specifying the person to be investigated and the nature of the unlawful act which the Commission suspects,bgive the person to be investigated notice of the proposed terms of reference,cgive the person to be investigated an opportunity to make representations about the proposed terms of reference,dconsider any representations made, andepublish the terms of reference once settled.4Before conducting an assessment of a person's compliance with a duty the Commission shall—aprepare terms of reference,bgive the person notice of the proposed terms of reference,cgive the person an opportunity to make representations about the proposed terms of reference,dconsider any representations made, andepublish the terms of reference once settled.5Paragraphs 2 to 4 shall apply in relation to revised terms of reference as they apply in relation to original terms of reference.<Emphasis>Representations</Emphasis>61The Commission shall make arrangements for giving persons an opportunity to make representations in relation to inquiries, investigations and assessments.2In particular, in the course of an investigation, inquiry or assessment the Commission must give any person specified in the terms of reference an opportunity to make representations.7Arrangements under paragraph 6 may (but need not) include arrangements for oral representations.81The Commission shall consider representations made in relation to an inquiry, investigation or assessment.2But the Commission may, where they think it appropriate, refuse to consider representations—amade neither by nor on behalf of a person specified in the terms of reference, orbmade on behalf of a person specified in the terms of reference by a person who is not a relevant lawyer.2A“Relevant lawyer” means—aan advocate or solicitor in Scotland, orba person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).3If the Commission refuse to consider representations in reliance on sub-paragraph (2) they shall give the person who makes them written notice of the Commission's decision and the reasons for it.<Emphasis>Evidence</Emphasis>9In the course of an inquiry, investigation or assessment the Commission may give a notice under this paragraph to any person.101A notice given to a person under paragraph 9 may require him—ato provide information in his possession,bto produce documents in his possession, orcto give oral evidence.2A notice under paragraph 9 may include provision about—athe form of information, documents or evidence;btiming.3A notice under paragraph 9—amay not require a person to provide information that he is prohibited from disclosing by virtue of an enactment,bmay not require a person to do anything that he could not be compelled to do in proceedings before the High Court or the Court of Session, andcmay not require a person to attend at a place unless the Commission undertakes to pay the expenses of his journey.11The recipient of a notice under paragraph 9 may apply to the county court (in England and Wales) or to the sheriff (in Scotland) to have the notice cancelled on the grounds that the requirement imposed by the notice is—aunnecessary having regard to the purpose of the inquiry, investigation or assessment to which the notice relates, orbotherwise unreasonable.121Sub-paragraph (2) applies where the Commission thinks that a person—ahas failed without reasonable excuse to comply with a notice under paragraph 9, orbis likely to fail without reasonable excuse to comply with a notice under paragraph 9.2The Commission may apply to the county court (in England and Wales) or to the sheriff (in Scotland) for an order requiring a person to take such steps as may be specified in the order to comply with the notice.131A person commits an offence if without reasonable excuse he—afails to comply with a notice under paragraph 9 or an order under paragraph 12(2),bfalsifies anything provided or produced in accordance with a notice under paragraph 9 or an order under paragraph 12(2), orcmakes a false statement in giving oral evidence in accordance with a notice under paragraph 9.2A person who is guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.141Where a person is given a notice under paragraph 9 he shall disregard it, and notify the Commission that he is disregarding it, in so far as he thinks it would require him—ato disclose sensitive information within the meaning of paragraph 5 of Schedule 1 to the Justice and Security Act 2013 (Intelligence and Security Committeeof Parliament),bto disclose information which might lead to the identification of an employee or agent of an intelligence service (other than one whose identity is already known to the Commission),cto disclose information which might provide details of processes used in recruiting, selecting or training employees or agents of an intelligence service,dto disclose information which might provide details of, or cannot practicably be separated from, information falling within any of paragraphs (a) to (c), oreto make a disclosure of information relating to an intelligence service which would prejudice the interests of national security.2In sub-paragraph (1) “intelligence service” means—athe Security Service,bthe Secret Intelligence Service, andcthe Government Communications Headquarters.3Where in response to a notice under paragraph 9 a person gives a notice to the Commission under sub-paragraph (1) above—aparagraphs 12 and 13 shall not apply in relation to that part of the notice under paragraph 9 to which the notice under sub-paragraph (1) above relates,bthe Commission may apply to the tribunal established by section 65 of the Regulation of Investigatory Powers Act 2000 (c. 23) for an order requiring the person to take such steps as may be specified in the order to comply with the notice,cthe following provisions of that Act shall apply in relation to proceedings under this paragraph as they apply in relation to proceedings under that Act (with any necessary modifications)—isection 67(7), (8) and (10) to (12) (determination),iisection 68 (procedure), andiiisection 69 (rules), anddthe tribunal shall determine proceedings under this paragraph by considering the opinion of the person who gave the notice under sub-paragraph (1) above in accordance with the principles that would be applied by a court on an application for judicial review of the giving of the notice.4Where the Commission receives information or documents from or relating to an intelligence service in response to a notice under paragraph 9, the Commission shall store and use the information or documents in accordance with any arrangements specified by the Secretary of State.5The recipient of a notice under paragraph 9 may apply to the High Court (in England and Wales) or the Court of Session (in Scotland) to have the notice cancelled on the grounds that the requirement imposed by the notice is undesirable for reasons of national security, other than for the reason that it would require a disclosure of a kind to which sub-paragraph (1) above applies.<Emphasis>Reports</Emphasis>15The Commission shall publish a report of its findings on an inquiry, investigation or assessment.<Emphasis>Recommendations</Emphasis>161The Commission may make recommendations—aas part of a report of an inquiry, investigation or assessment under paragraph 15, orbin respect of a matter arising in the course of an inquiry, investigation or assessment.2A recommendation may be addressed to any class of person.<Emphasis>Effect of report</Emphasis>171A court or tribunal—amay have regard to a finding of the report of an inquiry, investigation or assessment, butbshall not treat it as conclusive.18A person to whom a recommendation in the report of an inquiry, investigation or assessment is addressed shall have regard to it.<Emphasis>Courts and tribunals</Emphasis>19An inquiry, investigation or assessment may not question (whether expressly or by necessary implication) the findings of a court or tribunal.<Emphasis>Intelligence services</Emphasis>201An inquiry may not consider—awhether an intelligence service has acted (or is acting) in a way which is incompatible with a person's human rights, orbother matters concerning human rights in relation to an intelligence service.2In this paragraph “intelligence service” has the same meaning as in paragraph 14.SCHEDULE 3Amendments Consequential on Part 1Section 40<Emphasis>Public Records Act 1958 (c. 51)</Emphasis>1In Schedule 1 to the Public Records Act 1958 (definition of public records) omit the reference to the Disability Rights Commission.<Emphasis>Parliamentary Commissioner Act 1967 (c. 13)</Emphasis>2In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, &c. subject to investigation) omit the references to—athe Commission for Racial Equality,bthe Disability Rights Commission, andcthe Equal Opportunities Commission.<Emphasis>Superannuation Act 1972 (c. 11)</Emphasis>3In Schedule 1 to the Superannuation Act 1972 (employments) omit the references to—athe Commission for Racial Equality,bthe Disability Rights Commission, andcthe Equal Opportunities Commission.<Emphasis>House of Commons Disqualification Act 1975 (c. 24)</Emphasis>41The House of Commons Disqualification Act 1975 shall be amended as follows.2In Part II of Schedule 1 (bodies of which all members are disqualified) omit the references to—athe Commission for Racial Equality,bthe Disability Rights Commission, andcthe Equal Opportunities Commission.3In Part III of Schedule 1 (disqualifying offices) omit the references to—aAdditional Commissioner of the Commission for Racial Equality, andbAdditional Commissioner of the Equal Opportunities Commission.<Emphasis>Northern Ireland Assembly Disqualification Act 1975 (c. 25)</Emphasis>51The Northern Ireland Assembly Disqualification Act 1975 shall be amended as follows.2In Part II of Schedule 1 (bodies of which all members are disqualified) omit the references to—athe Commission for Racial Equality,bthe Disability Rights Commission, andcthe Equal Opportunities Commission.3In Part III of Schedule 1 (disqualifying offices) omit the references to—aAdditional Commissioner of the Commission for Racial Equality, andbAdditional Commissioner of the Equal Opportunities Commission.<Emphasis>Sex Discrimination Act 1975 (c. 65)</Emphasis>6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Race Relations Act 1976 (c. 74)</Emphasis>21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Estate Agents Act 1979 (c. 38)</Emphasis>36The Estate Agents Act 1979 shall be amended as follows.37In section 9(6) (provision of information to Office of Fair Trading)—afor paragraph (a) substitute—athe Commission for Equality and Human Rights, and, andbparagraph (c) (and the word “and” immediately before it) shall cease to have effect.381Schedule 1 shall be amended as follows.2For paragraph 2(b) to (d) substitute—bwhere he has been given an unlawful act notice under section 21 of the Equality Act 2006 and no appeal under that section is pending or can be brought;cwhere he is the subject of an injunction, interdict or order under section 24 (unlawful acts) or 25 (unlawful advertising, pressure, &c.) of the Equality Act 2006;dwhere—ia county court has determined in accordance with section 25 of the Equality Act 2006 that he committed an act which is unlawful under section 38, 39 or 40 of the Sex Discrimination Act 1975 or section 29, 30 or 31 of the Race Relations Act 1976 (unlawful advertising, pressure, &c.), andiino appeal under section 25 of the Equality Act 2006 is pending or can be brought (disregarding an appeal out of time);.3Paragraph 2(f) to (h) shall cease to have effect.4In the words following paragraph 2(h) after “injunction” insert “ , interdict ”.5In paragraph 4(1) and (2) omit—athe words “and notices”, andbthe words “(1) and”.<Emphasis>Legal Aid (Scotland) Act 1986 (c. 47)</Emphasis>391The Legal Aid (Scotland) Act 1986 shall be amended as follows.2In section 4(2) (sums which may be paid out of the Scottish Legal Aid Fund), after paragraph (ab) insert—acany sums payable by the Board under section 17(2D) of this Act;.3In section 17 (contributions and payments out of property recovered), after subsection (2B) insert—2CSubsection (2D) below applies where, after applying sums paid to the Board under subsection (2A) above in respect of the expenses of any party in any proceedings—athere is a surplus in the Fund on the account of the party; andbthe party received, in respect of the same proceedings, assistance from the Commission for Equality and Human Rights under section 28 of the Equality Act 2006 (power of the Commission to provide legal assistance).2DThe Board shall apply the surplus to pay to the Commission any sums due to it under section 29(2) of that Act (Commission's entitlement to recover expenses incurred in providing assistance) in respect of the assistance provided by it to the party.<Emphasis>Employment Act 1989 (c. 38)</Emphasis>40In section 28(2) of the Employment Act 1989 (orders) for “Equal Opportunities Commission” substitute “ Commission for Equality and Human Rights ”.<Emphasis>Disability Discrimination Act 1995 (c. 50)</Emphasis>41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Employment Tribunals Act 1996 (c. 17)</Emphasis>57After section 21(1)(gb) of the Employment Tribunals Act 1996 (jurisdiction of Employment Appeal Tribunal) insert—gcthe Equality Act 2006,.<Emphasis>Asylum and Immigration Act 1996 (c. 49)</Emphasis>58In section 8A(4)(a) of the Asylum and Immigration Act 1996, for “Commission for Racial Equality;” substitute “ Commission for Equality and Human Rights; ”.<Emphasis>Disability Rights Commission Act 1999 (c. 17)</Emphasis>59The Disability Rights Commission Act 1999 shall cease to have effect.<Emphasis>Freedom of Information Act 2000 (c. 36)</Emphasis>60In Part VI of Schedule 1 to the Freedom of Information Act 2000 (public bodies) omit the references to—athe Commission for Racial Equality,bthe Disability Rights Commission, andcthe Equal Opportunities Commission.<Emphasis>Anti-terrorism, Crime and Security Act 2001 (c. 24)</Emphasis>61In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (disclosure)—aparagraphs 13, 14 and 46 shall cease to have effect, andbafter paragraph 53A insert—Equality Act 200653BSection 6 of the Equality Act 2006.<Emphasis>Housing (Scotland) Act 2001 (asp 10)</Emphasis>62In paragraph 8(e) of Schedule 5 to the Housing (Scotland) Act 2001, for “Disability Rights Commission” substitute “ Commission for Equality and Human Rights ”.<Emphasis>Housing (Scotland) Act 2006 (asp 01)</Emphasis>63In each of the following provisions of the Housing (Scotland) Act 2006, for “Disability Rights Commission” substitute “ Commission for Equality and Human Rights ”asection 53(1)(g),bsection 65(4), andcsection 67(2)(b)(i).SCHEDULE 4RepealsSection 91
Short title and chapterExtent of repeal
Public Records Act 1958 (c. 51)In Part II of Schedule 1, the reference to the Disability Rights Commission.
Parliamentary Commissioner Act 1967 (c. 13)In Schedule 2, the references to the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission.
Superannuation Act 1972 (c. 11)In Schedule 1, the references to the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission.
House of Commons Disqualification Act 1975 (c. 24)

In Part II of Schedule 1, the references to the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission.

In Part III of Schedule 1, the references to an Additional Commissioner of the Commission for Racial Equality and an Additional Commissioner of the Equal Opportunities Commission.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

In Part II of Schedule 1, the references to the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission.

In Part III of Schedule 1, the references to an Additional Commissioner of the Commission for Racial Equality and an Additional Commissioner of the Equal Opportunities Commission.

Sex Discrimination Act 1975 (c. 65)

Part VI.

Sections 67 to 73.

Section 75.

Section 76(3) and (4).

Section 76D.

Section 76E.

In section 81(1) the words “and 59(2)”.

In section 81(2) the words “, 59(2)”.

In section 82(1) the definitions of “formal investigation” and “non-discrimination notice”.

In section 82(4) the words—“a non-discrimination notice or”,“notice or”, andthe words from “and for this purpose” to the end of the subsection.

Schedule 3.

Race Relations Act 1976 (c. 74)

Part VII.

Sections 58 to 64.

Section 66.

Sections 71C to 71E.

Section 68(3), (3A)(c), (4) and (5).

In section 74(1), the words “(except section 50(2)(a))”.

Section 74(5).

In section 78(1) the definitions of “formal investigation” and “non-discrimination notice”.

In section 78(4) the words—“a non-discrimination notice or”,“notice or”, andthe words from “and for this purpose” to the end of the subsection.

Schedule 1.

In Part II of Schedule 1A, the references to the Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.

Paragraphs 1, 2, 6, 7, 8 and 9 of Schedule 4.

Estate Agents Act 1979 (c. 38)

Section 9(6)(c) (and the word “and” immediately before it).

Paragraph 2(f) to (h) of Schedule 1.

In each sub-paragraph of paragraph 4 of Schedule 1—the words “and notices”, andthe words “(1) and”.

County Courts Act 1984 (c. 28)Paragraphs 54 and 61 of Schedule 2.
Legal Aid (Scotland) Act 1986 (c. 47)Paragraphs 5 and 6 of Schedule 3.
Legal Aid Act 1988 (c. 34)Paragraphs 6 and 7 of Schedule 5.
Housing Act 1988 (c. 50)Section 137.
Employment Act 1989 (c. 38)Paragraph 16 of Schedule 6.
Local Government and Housing Act 1989 (c. 42)Section 180.
Trade Union Reform and Employment Rights Act 1993 (c. 19)Paragraph 15 of Schedule 7.
Disability Discrimination Act 1995 (c. 50)

Section 17B.

Section 28.

Section 31B.

Section 49E.

Section 49F.

Section 49H.

Section 49I.

Section 53A.

In section 67(5)(b), the words “, 53A(6)(a)”.

In the definition of “regulations” in section 68(1), the words “to 49F”.

Employment Tribunals Act 1996 (c. 17)Paragraphs 3 and 4(3) of Schedule 1.
Disability Rights Commission Act 1999 (c. 17)The whole Act.
Access to Justice Act 1999 (c. 22)Paragraphs 13, 14 and 56 of Schedule 4.
Race Relations (Amendment) Act 2000 (c. 34)Paragraphs 8, 9 and 11 of Schedule 2.
Freedom of Information Act 2000 (c. 36)In Part VI of Schedule 1, the references to the Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.
Special Educational Needs and Disability Act 2001 (c. 10)

Sections 35 to 37.

Schedule 7.

Anti-terrorism, Crime and Security Act 2001 (c. 24)Paragraphs 13, 14 and 46 of Schedule 4.
Nationality, Immigration and Asylum Act 2002 (c. 41)Paragraphs 13 and 15 of Schedule 7.
Disability Discrimination Act 2005 (c. 13)

Section 16(2) and (3).

Paragraphs 10, 25, 28 and 50 of Schedule 1.

Equality Act 2006Section 86.
Words in Sch. 1 para. 2(3)(c) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 120, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see Government of Wales Act 2006, ss. 46, 161(5)Sch. 1 para. 9(3)(b) modified (1.10.2007) by The Equality Act 2006 (Dissolution of Commissions and Consequential and Transitional Provisions) Order 2007 (S.I. 2007/2602), art. 5(2)Words in Sch. 2 para. 8(2)(b) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 152(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)Sch. 2 para. 8(2A) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 152(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)Words in Sch. 1 substituted (18.8.2010) by Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 1(2), Sch. para. 7(2)(o)Sch. 3 paras. 6-35 repealed (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 85, Sch. 27 Pt. 1 (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(xi) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)Sch. 3 paras. 41-56 repealed (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 85, Sch. 27 Pt. 1 (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(xi) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)Words in Sch. 1 para. 39 omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(11)(a), 103(2)Words in Sch. 2 para. 14(1)(a) substituted (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 6(a); S.I. 2013/1482, art. 2 (with arts. 3, 4)Words in Sch. 2 para. 14(1)(a) inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 6(b); S.I. 2013/1482, art. 2 (with arts. 3, 4)Words in Sch. 2 para. 11 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)Words in Sch. 2 para. 12(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)Sch. 1 Pt. 5 repealed (31.3.2017) by The Equality Act 2006 (Dissolution of the Disability Committee) Order 2014 (S.I. 2014/406), art. 3(1)(1)Sch. 1 para. 21(2) omitted (31.3.2017) by virtue of The Equality Act 2006 (Dissolution of the Disability Committee) Order 2014 (S.I. 2014/406), art. 3(1)(2)Sch. 1 para. 22(3) omitted (31.3.2017) by virtue of The Equality Act 2006 (Dissolution of the Disability Committee) Order 2014 (S.I. 2014/406), art. 3(1)(2)Sch. 1 para. 29(2) omitted (31.3.2017) by virtue of The Equality Act 2006 (Dissolution of the Disability Committee) Order 2014 (S.I. 2014/406), art. 3(1)(2)Sch. 1 para. 30(3) omitted (31.3.2017) by virtue of The Equality Act 2006 (Dissolution of the Disability Committee) Order 2014 (S.I. 2014/406), art. 3(1)(2)