Race Relations (Amendment) Act 2000
| Jurisdiction | UK Non-devolved |
| Citation | 2000 c. 34 |
| Year | 2000 |
Race Relations (Amendment) Act 2000
2000 Chapter 34
An Act to extend further the application of the Race Relations Act 1976 to the police and other public authorities; to amend the exemption under that Act for acts done for the purpose of safeguarding national security; and for connected purposes.
[30th November 2000]
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:—
Further extension of 1976 Act to police and other public authorities
1 Discrimination by police and other public authorities.
1. After section 19A of the Race Relations Act 1976(in this Act referred to as ‘the 1976 Act’) there is inserted—
‘Public authorities
19B Discrimination by public authorities.
(1) It is unlawful for a public authority in carrying out any functions of the authority to do any act which constitutes discrimination.
(2) In this section ‘public authority’—
(a) includes any person certain of whose functions are functions of a public nature; but
(b) does not include any person mentioned in subsection (3).
(3) The persons mentioned in this subsection are—
(a) either House of Parliament;
(b) a person exercising functions in connection with proceedings in Parliament;
(c) the Security Service;
(d) the Secret Intelligence Service;
(e) the Government Communications Headquarters; and
(f) any unit or part of a unit of any of the naval, military or air forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.
(4) In relation to a particular act, a person is not a public authority by virtue only of subsection (2)(a) if the nature of the act is private.
(5) This section is subject to sections 19C to 19F.
(6) Nothing in this section makes unlawful any act of discrimination which—
(a) is made unlawful by virtue of any other provision of this Act; or
(b) would be so made but for any provision made by or under this Act.
19C Exceptions or further exceptions from section 19B for judicial and legislative acts etc.
(1) Section 19B does not apply to—
(a) any judicial act (whether done by a court, tribunal or other person); or
(b) any act done on the instructions, or on behalf, of a person acting in a judicial capacity.
(2) Section 19B does not apply to any act of, or relating to, making, confirming or approving any enactment or Order in Council or any instrument made by a Minister of the Crown under an enactment.
(3) Section 19B does not apply to any act of, or relating to, making or approving arrangements, or imposing requirements or conditions, of a kind falling within section 41.
(4) Section 19B does not apply to any act of, or relating to, imposing a requirement, or giving an express authorisation, of a kind mentioned in section 19D(3) in relation to the carrying out of immigration and nationality functions.
(5) In this section—
‘immigration and nationality functions’ has the meaning given in section 19D; and
‘Minister of the Crown’ includes the National Assembly for Wales and a member of the Scottish Executive.
19D Exception from section 19B for certain acts in immigration and nationality cases.
(1) Section 19B does not make it unlawful for a relevant person to discriminate against another person on grounds of nationality or ethnic or national origins in carrying out immigration and nationality functions.
(2) For the purposes of subsection (1), ‘relevant person’ means—
(a) a Minister of the Crown acting personally; or
(b) any other person acting in accordance with a relevant authorisation.
(3) In subsection (2), ‘relevant authorisation’ means a requirement imposed or express authorisation given—
(a) with respect to a particular case or class of case, by a Minister of the Crown acting personally;
(b) with respect to a particular class of case—
(i) by any of the enactments mentioned in subsection (5); or
(ii) by any instrument made under or by virtue of any of those enactments.
(4) For the purposes of subsection (1), ‘immigration and nationality functions’ means functions exercisable by virtue of any of the enactments mentioned in subsection (5).
(5) Those enactments are—
(a) the Immigration Acts (within the meaning of the Immigration and Asylum Act 1999 but excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to offences under Part III of that Act);
(b) the British Nationality Act 1981 ;
(c) the British Nationality (Falkland Islands) Act 1983 ;
(d) the British Nationality (Hong Kong) Act 1990 ;
(e) the Hong Kong (War Wives and Widows) Act 1996 ;
(f) the British Nationality (Hong Kong) Act 1997 ; and
(g) the Special Immigration Appeals Commission Act 1997 ;
and include any provision made under section 2(2) of the European Communities Act 1972 , or any provision of Community law, which relates to the subject-matter of any of the enactments mentioned above.
19E Monitoring of exception in relation to immigration and nationality cases.
(1) The Secretary of State shall appoint a person who is not a member of his staff to act as a monitor.
(2) Before appointing any such person, the Secretary of State shall consult the Commission.
(3) The person so appointed shall monitor, in such manner as the Secretary of State may determine—
(a) the likely effect on the operation of the exception in section 19D of any relevant authorisation relating to the carrying out of immigration and nationality functions which has been given by a Minister of the Crown acting personally; and
(b) the operation of that exception in relation to acts which have been done by a person acting in accordance with such an authorisation.
(4) The monitor shall make an annual report on the discharge of his functions to the Secretary of State.
(5) The Secretary of State shall lay a copy of any report made to him under subsection (4) before each House of Parliament.
(6) The Secretary of State shall pay to the monitor such fees and allowances (if any) as he may determine.
(7) In this section ‘immigration and nationality functions’ and ‘relevant authorisation’ have the meanings given to them in section 19D.
19F Exceptions from section 19B for decisions not to prosecute etc.
19F. Section 19B does not apply to—
(a) a decision not to institute criminal proceedings and, where such a decision has been made, any act done for the purpose of enabling the decision whether to institute criminal proceedings to be made;
(i) any act done for the purpose of enabling the decision whether to continue the proceedings to be made; and
(ii) any act done for the purpose of securing that the proceedings are not continued.’
2 Specified authorities: general statutory duty.
(1) For section 71 of the 1976 Act (local authorities: general statutory duty) there is substituted—
71 ‘Specified authorities: general statutory duty.
(1) Every body or other person specified in Schedule 1A or of a description falling within that Schedule shall, in carrying out its functions, have due regard to the need—
(a) to eliminate unlawful racial discrimination; and
(b) to promote equality of opportunity and good relations between persons of different racial groups.
(2) The Secretary of State may by order impose, on such persons falling within Schedule 1A as he considers appropriate, such duties as he considers appropriate for the purpose of ensuring the better performance by those persons of their duties under subsection (1).
(3) An order under subsection (2)—
(a) may be made in relation to a particular person falling within Schedule 1A, any description of persons falling within that Schedule or every person falling within that Schedule;
(b) may make different provision for different purposes.
(4) Before making an order under subsection (2), the Secretary of State shall consult the Commission.
(5) The Secretary of State may by order amend Schedule 1A; but no such order may extend the application of this section unless the Secretary of State considers that the extension relates to a person who exercises functions of a public nature.
(6) An order under subsection (2) or (5) may contain such incidental, supplementary or consequential provision as the Secretary of State considers appropriate (including provision amending or repealing provision made by or under this Act or any other enactment).
(7) This section is subject to section 71A and 71B and is without prejudice to the obligation of any person to comply with any other provision of this Act.
71A General statutory duty: special cases.
(1) In relation to the carrying out of immigration and nationality functions (within the meaning of section 19D(1)), section 71(1)(b) has effect with the omission of the words ‘equality of opportunity and’.
(2) Where an entry in Schedule 1A is limited to a person in a particular capacity, section 71(1) does not apply to that person in any other capacity.
(3) Where an entry in Schedule 1A is limited to particular functions of a person, section 71(1) does not apply to that person in relation to any other functions.
71B General statutory duty: Scotland and Wales.
(1) For the purposes of the Scotland Act 1998 , subsections (2) to (4) of section 71 (and sections 71(6) and 74 so far as they apply to the power conferred by subsection (2) of section 71) shall be taken to...
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