HC Deb 25 May 1989 vol 153 cc1196-7

Amendments made: No. 32, in page 22, line 45, leave out from 'review' to end of line 4 on page 23 and insert— `(b) as to any determination under subsection (1A) of section 30 of this Act, and (c) in a case falling within subsection (1B) of that section, as to his consideration of the matters referred to in paragraph (a) of that subsection and any determination under paragraph (b) of that subsection.'. No. 33, in page 23, line 5, leave out `any such matter as is referred to in subsection (3)(b) above' and insert 'that members of a particular community are not enjoying, or are not likely to continue to enjoy, fair participation in employment in the concern'. No. 34, in page 23, line 7, at end insert `and as to the matters referred to in subsection (1B)(a) of section 30 of this Act and any determination under subsection (1B)(b) of that section. (4A) Where the employer discloses to the Commission under this section a determination to take any affirmative action, the Commission may from time to time require him to give the Commission such information as it may specify as to the affirmative action that he has taken or proposes to take, but the Commission may not require an employer to give any information under this subsection before the expiry of the period of six months beginning with—

  1. (a) the date of the disclosure, or
  2. (b) if he has previously been required to give any information under this subsection, the date on which he was last required to do so.
(4B) Where the employer discloses to the Commission under this section any determination under section 30(1B)(b) of this Act, the Commission may from time to time require him to give the Commission such information as it may specify for the purpose of determining the extent to which the progress that the employer determined could reasonably be expected to be made in any period has been made on the date of the requirement, but the Commission may not require an employer to give any information under this subsection before the expiry of the period of six months beginning with—
  1. (a) the date of the disclosure, or
  2. (b) if he has previously been required to give any information under this subsection, the date on which he was last required to do so.'.
 No 35, in page 23, line 12, leave out 'a' and insert `the reference in subsections (4A) and (4B) above to the date of the requirement is to the date on which the notice was served. (5A) A'. No. 36, in page 23, line 13, leave out 'that' and insert `any'.

No. 37, in page 23, line 17, leave out from 'time' to end of line 18.

No. 38, in page 23, line 19, leave out from 'offence' to end of line 20 and insert— '(6A) A person guilty of an offence under subsection (6) above—

  1. (a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale, and
  2. (b) if the failure continues after conviction, is liable on a second or subsequent summary conviction to a fine not exceeding one tenth of level 5 on the standard scale for each day on which the failure continues.'.
No. 39, in page 23, line 21, leave out from 'under' to second `to' in line 22 and insert 'subsection (6) above'.

No. 40, in page 23, line 24, leave out 'that requirement by that time' and insert 'the requirement by the specified time'. No. 41, in page 23, line 30, at end insert— '(8) A person required to give any information under this section who knowingly gives any false or misleading information is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.'.—[Mr. Viggers.]

Forward to