Schedules to the Sex Discrimination Act 1975
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Contents
Schedule 1: Equal Pay
Act 1970 ![[top]](blueptru.gif)
Part I - Amendments of Act
1.-(1) In section 1(6), paragraph (b)
is repealed and the following is inserted after paragraph (c): " and men
shall be treated as in the same employment with a woman if they are men
employed by her employer or any associated employer at the same establishment
or at establishments in Great Britain which include that one and at which
common terms and conditions of employment are observed either generally
or for employees of the relevant classes ".
(2) Section 1(7) is repealed.
(3) The following is substituted for section 1(8)-
" (8) This section shall apply to-
(a) service for purposes of a Minister of the Crown or government
department, other than service of a person holding a statutory office,
or
(b) service on behalf of the Crown for purposes of a person holding
a statutory office or purposes of statutory body,
as it applies to employment by a private person, and shall so apply as
if references to a contract of employment included references to the terms
of service.
(9) subsection (8) does not apply in relation to service in-
(a) the naval, military or air forces of the Crown, or
(b) any women's service administered by the Defence Council.
(10) In this section " statutory body " means a body set up by or in pursuance
of an enactment, and " statutory office " means an office so set up ; and
service " for purposes of " a Minister of the Crown or government department
does not include service in any office in Schedule 2 (Ministerial offices)
to the House of Commons Disqualification Act 1975 as for the time being
in force. "
(4) The following subsections are inserted at the end of section 1-
" (11) For the purposes of this Act it is immaterial whether
the law which (apart from this subsection) is the proper law of a contract
is the law of any part of the United Kingdom or not.
(12) In this Act " Great Britain " includes such of territorial waters
of the United Kingdom as are adjacent to Great Britain.
(13) Provisions of this section and section 2 below framed with reference
to women and their treatment relative to men are to be read as applying
equally in a converse case to men and their treatment relative to women
".
2.-(1) The following is substituted for
section 2(1)-
" (1) Any claim in respect of the contravention of a term modified
or included by virtue of an equality clause, including a claim for arrears
of remuneration or damages in respect of the contravention, may be presented
by way of a complaint to an industrial tribunal. "
(2) After section 2(1) there is inserted-
" (1A) Where a dispute arises in relation to the effect of
an equality clause the employer may apply to an industrial tribunal for
an order declaring the rights of the employer and the employee in relation
to the matter in question. "
(3) In section 2(2)-
(a) for " failing to comply with their equal pay clauses "
there is substituted " contravening a term modified or included by virtue
of their equality clauses ", and
(b) after " the question may be referred by him " them is inserted "
as respects all or any of them ", and
(c) after " claim by the women " there is inserted " or woman ".
(4) Section 2(6) is repealed.
(5) In section 2(7), the words " and there shall be paid " onwards are
repealed.
3. In section 6 the following is substituted
for subsection (I)-
" (1) Neither an equality clause nor the provisions of section
3(4) above shall operate in relation to terms-
(a) affected by compliance with the laws regulating the employment
of women, or
(b) affording special treatment to women in connection with pregnancy
or childbirth.
(1A) An equality clause, and those provisions-
(a) shall operate in relation to terms relating to membership
of an occupational pension scheme (within the meaning of the Social Security
Pensions Act 1975) so far as those terms relate to any matter in respect
of which the scheme has to conform with the equal access requirements of
Part IV of that Act ; but
(b) subject to this, shall not operate in relation to terms related
to death or retirement, or to any provision made in connection with death
or retirement. "
4. Section 8 is repealed.
5. In section 9(1), the words " Except
as provided by subsection (2) below ", and sections 9(2) to (5) and 10(4)
are repealed.
6.-(1) For references to an equal
pay clause in each place where they occur there are substituted references
to an equality clause.
(2) For the words " the Industrial Court ", in each place where they
occur, there are substituted the words " the Industrial Arbitration Board
" ; in sections 4 and 10 for the words " Court " and " Court's " in each
place where they occur there are substituted respectively " Board " and
" Board's ", and in section 5 for the word " Board " in each place where
it occurs there is substituted " Agricultural Wages Board " and for the
word " Court " in each place where it occurs there is substituted " Industrial
Arbitration Board ".
Part II - Equal Pay Act 1970 as amended
1970 CHAPTER 41
An Act to prevent discrimination, as regards terms and conditions
of employment, between men and women. [29th May 1970]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the
advice and consent of the Lords spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the authority of the same, as
follows: -
1.-(1) If the terms of a contract
under which a woman is employed at an establishment in Great Britain do
not include (directly or by reference to a collective agreement or otherwise)
an equality clause they shall be deemed to include one.
(2) An equality clause is a provision which relates to terms (whether
concerned with pay or not) of a contract under which a woman is employed
(the " woman's contract "), and has the effect that-
(a) where the woman is employed on like work with a man in
the same employment-
(i) if (apart from the equality clause) any term of the woman's
contract is or becomes less favourable to the woman than a term of a similar
kind in the contract under which that man is employed, that term of the
woman's contract shall be treated as so modified as not to be less favourable,
and
(ii) if (apart from the equality clause) at any time the woman's contract
does not include a term corresponding to a term benefiting that man included
in the contract under which he is employed, the woman's contract shall
be treated as including such a term ;
(b) where the woman is employed on work rated as equivalent with that of
a man in the same employment-
(i) if (apart from the equality clause) any term of the woman's
contract determined by the rating of the work is or becomes less favourable
to the woman than a term of a similar kind in the contract under which
that man is employed, that term of the woman's contract shall be treated
as so modified as not to be, less favourable, and
(ii) if (apart from the equality clause) at any time the woman's contract
does not include a term corresponding to a term benefiting that man included
in the contract under which he is employed and determined by the rating
of the work, the woman's contract shall be treated as including such a
term.
(3) An equality clause shall not operate in relation to a variation between
the woman's contract and the man's contract if the employer proves that
the variation is genuinely due to a material difference (other than the
difference of sex) between her case and his.
(4) A woman is to be regarded as employed on like work with men if,
but only if, her work and theirs is of the same or a broadly similar nature,
and the differences (if any) between the things she does and the things
they do are not of practical importance in relation to terms and conditions
of employment ; and accordingly in comparing her work with theirs regard
shall be had to the frequency or otherwise with which any such differences
occur in practice as well as to the nature and extent of the differences.
(5) A woman is to be regarded as employed on work rated as equivalent
with that of any men if, but only if, her job and their job have been given
an equal value, in terms of the demand made on a worker under various headings
(for instance effort, skill, decision), on a study undertaken with a view
to evaluating in those terms the jobs to be done by all or any of the employees
in an undertaking or group of undertakings, or would have been given an
equal value but for the evaluation being made on a system setting different
values for men and women on the same demand under any heading.
(6) Subject to the following subsections, for purposes of this section-
(a) " employed " means employed under a contract of service
or of apprenticeship or a contract personally to execute any work or labour,
and related expressions shall be construed accordingly ;
. . . . . . . . . . . . . .
(c) two employers are to be treated as associated if one is a company
of which the other (directly or indirectly) has control or if both are
companies of which a third person (directly or indirectly) has control,
and men shall be treated as in the same employment with a woman if they
are men employed by her employer or any associated employer at the same
establishment or at establishments in Great Britain which include that
one and at which common terms and conditions of employment are observed
either generally or for employees of the relevant classes.
. . . . . . . . . . . . . .
(8) This section shall apply to-
(a) service for purposes of a Minister of the Crown or government
department, other than service of a person holding a statutory office.,
or
(b) service on behalf of the Crown for purposes of a person holding
a statutory office or purposes of a statutory body,
as it applies to employment by a private person, and shall so apply as
if references to a contract of employment included references to the terms
of service.
(9) subsection (8) does not apply in relation to service in-
(a) the naval, military or air forces of the Crown, or
(b) any women's service administered by the Defence Council.
(10) In this section " statutory body " means a body set up by or in pursuance
of an enactment, and " statutory office " means an office so set up ; and
service " for purposes of " a Minister of the Crown or government department
does not include service in any office in Schedule 2 (Ministerial offices)
to the House of Commons Disqualification Act 1975 as for the time being
in force.
(11) For the purposes of this Act it is immaterial whether the law which
(apart from this subsection) is the proper law of a contract is the law
of any part of the United Kingdom or not.
(12) In this Act " Great Britain " includes such of the territorial
waters of the United Kingdom as are adjacent to Great Britain.
(13) Provisions of this section and section 2 below framed with reference
to women and their treatment relative to men are to be read as applying
equally in a converse case to men and their treatment relative to women.
2.-(1) Any claim in respect of the
contravention of a term modified or included by virtue of an equality clause,
including a claim for arrears of remuneration or damages in respect of
the contravention, may be presented by way of a complaint to an industrial
tribunal.
(1A) Where a dispute arises in relation to the effect of an equality
clause the employer may apply to an industrial tribunal for an order declaring
the rights of the employer and the employee in relation to the matter in
question.
(2) Where it appears to the Secretary of State that there may be a question
whether the employer of any women is or has been contravening a term modified
or included by virtue of their equality clauses, but that it is not reasonable
to expect them to take steps to have the question determined, the question
may be referred by him as respects all or any of them to an industrial
tribunal and shall be dealt with as if the reference were of a claim by
the women or woman against the employer.
(3) Where it appears to the court in which any proceedings are pending
that a claim or counterclaim in respect of the operation of an equality
clause could more conveniently be disposed of separately by an industrial
tribunal, the court may direct that the claim or counterclaim shall be
struck out ; and (without prejudice to the foregoing) where in proceedings
before any court a question arises as to the operation of an equality clause,
the court may on the application of any party to the proceedings or otherwise
refer that question, or direct it to be referred by a party to the proceedings,
to an industrial tribunal for determination by the tribunal, and may stay
or sist the proceedings in the meantime.
(4) No claim in respect of the operation of an equality clause relating
to a woman's employment shall be referred to an industrial tribunal otherwise
than by virtue of subsection (3) above, if she has not been employed in
the employment within the six months preceding the date of the reference.
(5) A woman shall not be entitled, in proceedings brought in respect
of a failure to comply with an equality clause (including proceedings before
an industrial tribunal), to be awarded any payment by way of arrears of
remuneration or damages in respect of a time earlier than two years before
the date on which the proceedings were instituted.
. . . . . . . . . . . . . .
(7) In this section " industrial tribunal " means a tribunal established
under section 12 of the Industrial Training Act 1964 . . .
3.(1) Where a collective agreement
made before or after the commencement of this Act contains any provision
applying specifically to men only or to women only, the agreement may be
referred, by any party to it or by the Secretary of State, to the Industrial
Arbitration Board constituted under Part I of the Industrial Courts Act
1919 to declare what amendments need to be made in the agreement, in accordance
with subsection (4) below, so as to remove that discrimination between
men and women.
(2) Where on a reference under subsection (1) above the Industrial Arbitration
Board have declared the amendments needing to be made in a collective agreement
in accordance with that subsection, then-
(a) in so far as the terms and conditions of a person's employment
are dependent on that agreement, they shall be ascertained by reference
to the agreement as so amended, and any contract regulating those terms
and conditions shall have effect accordingly ; and
(b) if the Industrial Arbitration Board make or have made, under section
8 of the Terms and Conditions of Employment Act 1959 or any other enactment,
an award or determination requiring an employer to observe the collective
agreement, the award or determination shall have effect by reference to
the agreement as so amended.
(3) On a reference under subsection (1) above the Industrial Arbitration
Board may direct that all or any of the amendments needing to be made in
the collective agreement shall be treated as not becoming effective until
a date after their decision, or as having been effective from a date before
their decision but not before the reference to them, and may specify different
dates for different purposes ; and subsection (2) above and any such contract,
award or determination as is there mentioned shall have or be deemed to
have had effect accordingly.
(4) Subject to section 6 below, the amendments to be made in a collective
agreement under this section shall be such as are needed-
(a) to extend to both men and women any provision applying
specifically to men only or to women only; and
(b) to eliminate any resulting duplication in the provisions of the
agreement in such a way as not to make the terms and conditions agreed
for men, or those agreed for women, less favourable in any respect than
they would have been without the amendments; but the amendments shall not
extend the operation of the collective agreement to men or to women not
previously falling within it, and where accordingly a provision applying
specifically to men only or to women only continues to be required for
a category of men or of women (there being no provision in the agreement
for women or, as the case may be, for men of that category), then the provision
shall be limited to men or women of that category but there shall be made
to it such amendments, if any, as are needed to secure that the terms and
conditions of the men or women of that category are not in any respect
less favourable than those of all persons of the other sex to whom the
agreement applies.
(5) For purposes of this section " collective agreement " means any agreement
as to terms and conditions of employment, being an agreement between-
(a) parties who are or represent employers or organisations
of employers or associations of such organisations ; and
(b) parties who are or represent organisations of employees or associations
of such organisations ; but includes also any award modifying or supplementing
such an agreement.
(6) Subsections (1) to (4) above (except subsection (2)(b) and subsection
(3) in so far as it relates to subsection (2)(b)) shall have effect in
relation to an employer's pay structure as they have effect in relation
to a collective agreement, with the adaptation that a reference to the
Industrial Arbitration Board may be made by the employer or by the Secretary
of State ; and for this purpose " pay structure " means any arrangements
adopted by an employer (with or without any associated employer) which
fix common terms and conditions of employment for his employees or any
class of his employees, and of which the provisions are generally known
or open to be known by the employees concerned.
(7) In this section the expression " employment " and related expressions,
and the reference to an associated employer, shall be construed in the
same way as in section 1 above, and section 1(8) shall have effect in relation
to this section as well as in relation to that section.
4.-(1) Where a wages regulation order
made before or after the commencement of this Act contains any provision
applying specifically to men only or to women only, the order may be referred
by the Secretary of State to the Industrial Arbitration Board to declare
what amendments need to be made in the order, in accordance with the like
rules as apply under section 3(4) above to the amendment under that section
of a collective agreement, so as to remove that discrimination between
men and women ; and when the Board have declared the amendments needing
to be so made, the Secretary of State may by order made by statutory instrument
coming into operation not later than five months after the date of the
Board's decision direct that (subject to any further wages regulation order)
the order referred to the Board shall have effect subject to those amendments.
(2) A wages regulation order shall be referred to the Industrial Arbitration
Board under this section if the Secretary of State is requested so to refer
it either-
(a) by a member or members of the wages council concerned with
the order who was or who were appointed as representing employers ; or
(b) by a member or members of that wages council who was or who were
appointed as representing workers;
or if in any case it appears to the Secretary of State that the order may
be amendable under this section.
(3) Where by virtue of section 12(1) of the Wages Councils Act 1959
a contract between a worker and an employer is to have effect with modifications
specified in section 12(1), then (without prejudice to the general saving
in section 11(7) of that Act for rights conferred by or under other Acts)
the contract as so modified shall have effect subject to any further term
implied by virtue of section 1 above.
(4) In this section " wages regulation order " means an order made or
having effect as if made under section 11 of the Wages Councils Act 1959.
5.-(1) Where an agricultural wages
order made before or after the commencement of this Act contains any provision
applying specifically to men only or to women only, the order may be referred
by the Secretary of State to the Industrial Arbitration Board to declare
what amendments need to be made in the order, in accordance with the like
rules as apply under section 3(4) above to the amendment under that section
of a collective agreement, so as to remove that discrimination between
men and women ; and when the Industrial Arbitration Board have declared
the amendments needing to be so made, it shall be the duty of the Agricultural
Wages Board, by a further agricultural wages order coming into operation
not later than five months after the date of the Industrial Arbitration
Board's decision, either to make those amendments in the order referred
to the Industrial Arbitration Board or otherwise to replace or amend that
order so as to remove the discrimination.
(2) Where the Agricultural Wages Board certify that the effect of an
agricultural wages order is only to make such amendments of a previous
order as have under this section been declared by the Industrial Arbitration
Board to be needed, or to make such amendments as aforesaid with minor
modifications or modifications of limited application, or is only to revoke
and reproduce with such amendments a previous order, then the Agricultural
Wages Board may instead of complying with paragraphs 1 and 2 of Schedule
4, or in the ease of Scotland paragraphs 1 and 2 of Schedule 3, to the
Agricultural Wages Act give notice of the proposed order in such manner
as appears to the Agricultural Wages Board expedient in the circumstances,
and may make the order at any time after the expiration of seven days from
the giving of the notice.
(3) An agricultural wages order shall be referred to the Industrial
Arbitration Board under this section if the Secretary of State is requested
so to refer it either-
(a) by a body for the time being entitled to nominate for membership
of the Agricultural Wages Board persons representing employers (or, if
provision is made for any of the persons representing employers to be elected
instead of nominated, then by a member or members representing employer)
; or
(b) by a body for the time being entitled to nominate for membership
of the Agricultural Wages Board persons representing workers (or, if provision
is made for any of the persons representing workers to be elected instead
of nominated, then by a member or members representing workers) ;
or if in any case it appears to the Secretary of State that the order may
be amendable under this section.
(4) In this section " the Agricultural Wages Board " means the Agricultural
Wages Board for England and Wales or the Scottish Agricultural Wages Board,
" the Agricultural Wages Act " means the Agricultural Wages Act 1948 or
the Agricultural Wages (Scotland) Act 1949 and " agricultural wages order
" means an order of the Agricultural Wages Board under the Agricultural
Wages Act.
6.-(1) Neither an equality clause
nor the provisions of section 3(4) above shall operate in relation to terms-
(a) affected by compliance with the laws regulating the employment
of women, or
(b) affording special treatment to women in connection with pregnancy
or childbirth.
(1A) An equality clause and those provisions-
(a) shall operate in relation to terms relating to membership
of an occupational pension scheme (within the meaning of the Social Security
Pensions Act 1975) so far as those terms relate to any matter in respect
of which the scheme has to conform with the equal access requirements of
Part IV of that Act; but
(b) subject to this, shall not operate in relation to terms related
to death or retirement, or to any provision made in connection with death
or retirement.
(2) Any reference in this section to retirement includes retirement, whether
voluntary or not, on grounds of age, length of service or incapacity.
7.-(1) The Secretary of State or Defence
Council shall not make, or recommend to Her Majesty the making of, any
instrument relating to the terms and conditions of service of members of
the naval, military or air forces of the Crown or of any women's service
administered by the Defence Council, if the instrument has the effect of
making a distinction, as regards pay, allowances or leave, between men
and women who are members of those forces or of any such service, not being
a distinction fairly attributable to differences between the obligations
undertaken by men and those undertaken by women as such members as aforesaid.
(2) The Secretary of State or Defence Council may refer to the Industrial
Arbitration Board for their advice any question whether a provision made
or proposed to be made by any such instrument as is referred to in subsection
(1) above ought to be regarded for purposes of this section as making a
distinction not permitted by that subsection.
. . . . . . . . . . . . . .
9.-(1) . . . the foregoing provisions
of this Act shall come into force on the 29th December 1975 and references
in this Act to its commencement shall be construed as referring to the
coming into force of those provisions on that date.
. . . . . . . . . . . . . .
10.-(1) A collective agreement, pay
structure or order which after the commencement of this Act could under
section 3, 4 or 5 of this Act be referred to the Industrial Arbitration
Board to declare what amendments need to be made as mentioned in that section
may at any time not earlier than one year before that commencement be referred
to the Board under this section for their advice as to the amendments needing
to be so made.
(2) A reference under this section may be made by any person authorised
by section 3, 4 or 5, as the case may be, to make a corresponding reference
under that section, but the Secretary of State shall not under this section
refer an order to the Industrial Arbitration Board unless requested so
to do as mentioned in section 4(2) or 5(3), as the case may be, nor be
required to refer an order if so requested.
(3) A collective agreement, pay structure or order referred to the Industrial
Arbitration Board under this section may after the commencement of this
Act be again referred to the Board under section 3, 4 or 5 ; but at that
commencement any reference under this section (if still pending) shall
lapse.
. . . . . . . . . . . . . .
11.-(1) This Act may be cited as
the Equal Pay Act 1970
(2) In this Act the expressions "man" and "woman" shall be taken as
applying to persons of whatever age.
(3) This Act shall not extend to Northern Ireland.
Schedule 2: Transitional exemption orders for educational
admissions
Public sector (England and Wales)
1. Where under section 13 of the Education
Act 1944 (as set out in Schedule 3 to the Education Act 1968) a responsible
body submits to the Secretary of State, in accordance with subsection (1)
or (2) of that section, proposals for an alteration in its admissions arrangements
such as is mentioned in section 27(1) of this Act the submission of these
proposals shall be treated as an application for the making by the Secretary
of State of a transitional exemption order, and if he thinks fit the Secretary
of State may make the order accordingly.
2. Regulations under section 33 of the
Education Act 1944 may provide for the submission to the Secretary of State
of an application for the making by him of a transitional exemption order
in relation to a special school, and for the making by him of the order.
3. Regulations under section 100 of the
Education Act 1944 may provide for the submission to the Secretary of State
of an application for the making by him of a transitional exemption order
in relation to an establishment --
(a) which is designated under section 24(1), and
(b) in respect of which grants are payable under subsection (1)(b) of
the said section 100,
and for the making by him of the order.
4. Regulations under section 5(2) of the
Local Government Act 1974 may provide for the submission to the Secretary
of State of an application for the making by him of a transitional exemption
order in relation to any educational establishment maintained by a local
education authority and not falling within paragraphs 1 to 3, and for the
making by him of the order.
Private sector (England and Wales)
5.-(1) In the case of an establishment in
England or Wales not falling within paragraphs 1 to 4 the responsible body
may submit to the Equal Opportunities Commission set up under Part VI an
application for the making by the Commission of a transitional exemption
order in relation to the establishment, and if they think fit the Commission
may make the order accordingly.
(2) An application under this paragraph shall specify the transitional
period proposed by the responsible body to be provided for in the order,
the stages by which within that period the body proposes to move to the
position where section 22(b) is complied with, and any other matters relevant
to the terms and operation of the order applied for.
(3) The Commission shall not make an order on an application under this
paragraph unless they are satisfied that the terms of the application are
reasonable having regard to the nature of the premises at which the establishment
is carried on, the accommodation, equipment and facilities available, and
the financial resources of the responsible body.
Public and private sectors (Scotland)
6. Any application for a transitional exemption
order made by the responsible body in relation to an establishment falling
within paragraph 6 or 7 of the Table in section 22 shall be made to the
Secretary of State, and in relation to an establishment falling within
paragraphs 8. 9 and 10 of that Table shall be made to the Equal Opportunities
Commission.
7. An application under paragraph 6 shall
specify the transitional period proposed by the responsible body to be
provided for in the order, the stages by which within that period the body
proposes to move to the position where section 22(b) is complied with,
and any other matters relevant to the terms and operation of the order
applied for.
8. The Secretary of State on any application
under paragraph 6 may make a transitional exemption order on such terms
and conditions as he may think fit.
9. The Commission on any application under
paragraph 6 may if they think fit make a transitional exemption order,
but shall not make such an order unless they are satisfied that the terms
of the application are reasonable having regard to the nature of the premises
at which the establishment is carried on, the accommodation, equipment
and facilities available, and the financial resources of the responsible
body.
Schedule 3: Equal Opportunities Commission
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 with perpetual succession and a common seal.
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 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 fulltime 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 Conveyancing 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 57(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 Superannuation Act 1972 can apply, and accordingly
in schedule 1 to that Act (in which those kinds of employment are listed)
the words " Equal Opportunities Commission " shall be inserted at the appropriate
place in alphabetical order.
(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 Superannuation
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 ; and his rights under the
scheme shall not be affected by paragraph 5 or 7(2).
10. The Employers' Liability (Compulsory
Insurance) Act 1969 shall not require insurance to be effected by the Commission.
Proceedings and business
11.-(1) Subject to the provisions of this
Act, the Commission may make arrangements for the regulation of their proceedings
and business, and may vary or revoke those arrangements.
(2) The arrangements may, with the approval of the Secretary of State,
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.
(3) Anything done by or in relation to a committee, 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.
12. 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.
13. 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
14. The Secretary of State shall pay to
the Commission expenses incurred or to be incurred by it under paragraphs
6, 7 and 8, 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.
15.-(1) The Commission shall keep proper
accounts of income and expenditure, and shall prepare and send to the Secretary
of State statements of account in relation to each financial year of the
Commission.
(2) The financial year of the Commission shall be the twelve months
ending on 31st March.
Disqualification Acts
16.-(1) In Part II of Schedule 1 to the
House of Commons Disqualification Act 1975 and Part II of Schedule 1 to
the Northern 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 Equal Opportunities Commission ".
(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 Equal Opportunities Commission
".
Schedule 4: Transitional Provisions
[ section omitted ]
Schedule 5: Minor and Consequential Amendments
[ section omitted ]
Schedule 6: Further Repeals
[ section omitted ]
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