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STATUTORY INSTRUMENTS


2007 No. 2602

EQUAL OPPORTUNITIES AND HUMAN RIGHTS

The Equality Act 2006 (Dissolution of Commissions and Consequential and Transitional Provisions) Order 2007

  Made 7th September 2007 
  Laid before Parliament 10th September 2007 
  Coming into force 1st October 2007 

The Secretary of State makes this Order in exercise of the powers conferred by sections 36(1)(a), 39(2)(c) and 42(1)(b) of the Equality Act 2006[1].

Citation, commencement and extent
     1. —(1) This Order may be cited as the Equality Act 2006 (Dissolution of Commissions and Consequential and Transitional Provisions) Order 2007 and shall come into force on 1st October 2007.

    (2) This Order does not extend to Northern Ireland.

Interpretation
    
2. In this Order—

Dissolution of former Commissions
     3. The former Commissions shall cease to exist.

Consequential amendments and modifications
    
4. —(1) The Schedule to this Order shall have effect for the amendment and modification of subordinate legislation in consequence of the dissolution of the former Commissions and the establishment of the Commission.

    (2) Section 61 of the 1975 Act (restriction on disclosure of information), section 52 of the 1976 Act (restriction on disclosure of information) and paragraph 22 of Schedule 3 to the 1999 Act (restriction on disclosure of information) shall apply in relation to the Commission for Equality and Human Rights as if—

Transitional provisions: the Commission and the functions of the former Commissions
    
5. —(1) The Commission shall discharge the functions of the former Commissions—

    (2) In its application to any investigation to which paragraph (1)(f) applies, paragraph 9(3)(b) of Schedule 1 to the 2006 Act shall have effect as if, after "section 20", there were inserted "of this Act, section 57 of the Sex Discrimination Act 1975 or section 48 of the Race Relations Act 1976".

    (3) Section 21(1)(a) of the 2006 Act shall apply in relation to an investigation under section 57 of the 1975 Act or section 48 of the 1976 Act as if, after "section 20(1)(a)", there were inserted "of this Act, section 57 of the Sex Discrimination Act 1975 or section 48 of the Race Relations Act 1976".

    (4) Section 32(8) of the 2006 Act shall apply in relation to notices issued under section 76D of the 1975 Act (specific duties: enforcement) or section 71D of the 1976 Act (general statutory duty: compliance notices) as if, after "this section", there were inserted ", section 76D of the Sex Discrimination Act 1975 or section 71D of the Race Relations Act 1976".



Signed by authority of the Secretary of State for Communities and Local Government


Iain Wright
Parliamentary Under Secretary of State Department for Communities and Local Government

7th September 2007



SCHEDULE
Article 4


CONSEQUENTIAL AMENDMENTS


Welsh Language Schemes (Public Bodies) Order 1996 (S.I. 1996/1898)
     1. In the Schedule to the Welsh Language Schemes (Public Bodies) Order 1996, omit the references to—

General Teaching Council for England (Constitution) Regulations 1999 (S.I. 1999/1726)
     2. In regulation 8 of the General Teaching Council for England (Constitution) Regulations 1999 (appointed members)—

Welsh Language Schemes (Public Bodies) Order 2001 (S.I. 2001/2550 (W.215))
     3. In the Schedule to the Welsh Language Schemes (Public Bodies) Order 2001, for "the Disability Rights Commission" substitute "the Commission for Equality and Human Rights".

Race Relations Act 1976 (Statutory Duties) Order 2001 (S.I. 2001/3458)
     4. In its application to the Commission, the Race Relations Act 1976 (Statutory Duties) Order 2001 shall have effect as if for "31st May 2002" (in each place) there were substituted "1st January 2008".

     5. In Schedule 1 to the Race Relations Act 1976 (Statutory Duties) Order 2001—

Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (S.I. 2003/154 (W.24))
     6. In regulation 12 of the Health, Social Care and Well-being Strategies (Wales) Regulations 2003 (access to draft and adopted strategies), for "the Disability Rights Commission" substitute "the Commission for Equality and Human Rights".

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. 2004/1861)
     7. In the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004—

Disability Discrimination (Questions and Replies) Order 2005 (S.I. 2005/2703)
     8. In article 3(a)(ii) of the Disability Discrimination (Questions and Replies) Order 2005 (period for service of questions), for "the Disability Rights Commission" substitute "the Commission for Equality and Human Rights" and for "section 28 of the Act" substitute "section 27(1) of the Equality Act 2006".

Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 (S.I. 2005/2966)
     9. In the application of the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 to the Commission, regulation 2(6) shall have effect as if, after paragraph (d), there were inserted—

     10. In Part 1 of Schedule 1 to the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005—

Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006 (>S.I. 2006/2930)
     11. In the application of the Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006 to the Commission article 2(1) shall have effect as if, for "30th April 2007", there were substituted "1st January 2008".

     12. In the Schedule to the Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006—



EXPLANATORY NOTE

(This note is not part of the Order)


This Order dissolves the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission ("the former Commissions") and makes certain consequential amendments and modifications to legislation which are necessary as a result of their dissolution and the establishment of the Commission for Equality and Human Rights ("the CEHR").

Article 3 dissolves the former Commissions. Article 4 makes amendments and modifications to legislation, including (in article 4(2)) modifications necessary to apply the restrictions on the disclosure of information obtained in connection with the former Commissions' formal investigations to the CEHR while allowing it access to such information.

Article 5(1) provides for the CEHR to exercise certain functions of the former Commissions after they have been dissolved. Article 5(2) empowers the CEHR to appoint Investigating Commissioners (under paragraph 9 of Schedule 1 to the 2006 Act) for the purpose of investigations conducted pursuant to article 5(1)(f). Articles 5(3) and (4) provide for the CEHR to take enforcement action under the 2006 Act in relation to investigations instigated by the Commission for Racial Equality and the Equal Opportunities Commission and compliance notices served by those commissions.

A regulatory impact assessment was produced for the CEHR and is available on the Women & Equality Unit website at
http://www.womenandequalityunit.gov.uk/cehr/equality_bill.htm. A further impact assessment has not been produced for this instrument as no additional impact on the private or voluntary sectors is foreseen.


Notes:

[1] 2006 c.3.back

[2] 1975 c.65.back

[3] 1976 c.74.back

[4] 1999 c.17.back



ISBN 978 0 11 078764 0


 © Crown copyright 2007

Prepared 14 September 2007


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URL: http://www.bailii.org/uk/legis/num_reg/2007/20072602.html