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Equality Act 2010

Type Public General Act

Publication 2010-04-08

Last updated 2026-08-14

State In force

Department Statute Law Database

Source legislation.gov.uk

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(b) the day on which the member discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the member by the employer or the trustees or managers of the scheme.

(10) The relevant day for the purposes of this section is—

(a) the last day of the employment or appointment, or

(b) the day on which the stable working relationship between the worker and the responsible person ended.

Assessment of whether work is of equal value

131

(1) This section applies to proceedings before an employment tribunal on—

(a) a complaint relating to a breach of an equality clause or rule, or

(b) a question referred to the tribunal by virtue of section 128(2).

(2) Where a question arises in the proceedings as to whether one person's work is of equal value to another's, the tribunal may, before determining the question, require a member of the panel of independent experts to prepare a report on the question.

(3) The tribunal may withdraw a requirement that it makes under subsection (2); and, if it does so, it may—

(a) request the panel member to provide it with specified documentation;

(b) make such other requests to that member as are connected with the withdrawal of the requirement.

(4) If the tribunal requires the preparation of a report under subsection (2) (and does not withdraw the requirement), it must not determine the question unless it has received the report.

(5) Subsection (6) applies where—

(a) a question arises in the proceedings as to whether the work of one person (A) is of equal value to the work of another (B), and

(b) A's work and B's work have been given different values by a job evaluation study.

(6) The tribunal must determine that A's work is not of equal value to B's work unless it has reasonable grounds for suspecting that the evaluation contained in the study—

(a) was based on a system that discriminates because of sex, or

(b) is otherwise unreliable.

(7) For the purposes of subsection (6)(a), a system discriminates because of sex if a difference (or coincidence) between values that the system sets on different demands is not justifiable regardless of the sex of the person on whom the demands are made.

(8) A reference to a member of the panel of independent experts is a reference to a person—

(a) who is for the time being designated as such by the Advisory, Conciliation and Arbitration Service (ACAS) for the purposes of this section, and

(b) who is neither a member of the Council of ACAS nor one of its officers or members of staff.

(9) “Job evaluation study” has the meaning given in section 80(5).

Remedies in non-pensions cases

132

(1) This section applies to proceedings before a court or employment tribunal on a complaint relating to a breach of an equality clause, other than a breach with respect to membership of or rights under an occupational pension scheme.

(2) If the court or tribunal finds that there has been a breach of the equality clause, it may—

(a) make a declaration as to the rights of the parties in relation to the matters to which the proceedings relate;

(b) order an award by way of arrears of pay or damages in relation to the complainant.

(3) The court or tribunal may not order a payment under subsection (2)(b) in respect of a time before the arrears day.

(4) In relation to proceedings in England and Wales, the arrears day is, in a case mentioned in the first column of the table, the day mentioned in the second column.

Case	Arrears day
A standard case	The day falling 6 years before the day on which the proceedings were instituted.
A concealment case or an incapacity case (or a case which is both).	The day on which the breach first occurred.

(5) In relation to proceedings in Scotland, the arrears day is the first day of—

(a) the period of 5 years ending with the day on which the proceedings were commenced, or

(b) if the case involves a relevant incapacity, or a relevant fraud or error, the period determined in accordance with section 135(6) and (7).

Remedies in pensions cases

133

(1) This section applies to proceedings before a court or employment tribunal on a complaint relating to—

(a) a breach of an equality rule, or

(b) a breach of an equality clause with respect to membership of, or rights under, an occupational pension scheme.

(2) If the court or tribunal finds that there has been a breach as referred to in subsection (1)—

(a) it may make a declaration as to the rights of the parties in relation to the matters to which the proceedings relate;

(b) it must not order arrears of benefits or damages or any other amount to be paid to the complainant.

(3) Subsection (2)(b) does not apply if the proceedings are proceedings to which section 134 applies.

(4) If the breach relates to a term on which persons become members of the scheme, the court or tribunal may declare that the complainant is entitled to be admitted to the scheme with effect from a specified date.

(5) A date specified for the purposes of subsection (4) must not be before 8 April 1976.

(6) If the breach relates to a term on which members of the scheme are treated, the court or tribunal may declare that the complainant is, in respect of a specified period, entitled to secure the rights that would have accrued if the breach had not occurred.

(7) A period specified for the purposes of subsection (6) must not begin before 17 May 1990.

(8) If the court or tribunal makes a declaration under subsection (6), the employer must provide such resources to the scheme as are necessary to secure for the complainant (without contribution or further contribution by the complainant or other members) the rights referred to in that subsection.

Remedies in claims for arrears brought by pensioner members

134

(1) This section applies to proceedings before a court or employment tribunal on a complaint by a pensioner member of an occupational pension scheme relating to a breach of an equality clause or rule with respect to a term on which the member is treated.

(2) If the court or tribunal finds that there has been a breach referred to in subsection (1), it may—

(a) make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate;

(b) order an award by way of arrears of benefits or damages or of any other amount in relation to the complainant.

(3) The court or tribunal must not order an award under subsection (2)(b) in respect of a time before the arrears day.

(4) If the court or tribunal orders an award under subsection (2)(b), the employer must provide such resources to the scheme as are necessary to secure for the complainant (without contribution or further contribution by the complainant or other members) the amount of the award.

(5) In relation to proceedings in England and Wales, the arrears day is, in a case mentioned in the first column of the table, the day mentioned in the second column.

Case	Arrears day
A standard case	The day falling 6 years before the day on which the proceedings were commenced.
A concealment case or an incapacity case (or a case which is both).	The day on which the breach first occurred.

(6) In relation to proceedings in Scotland, the arrears day is the first day of—

(a) the period of 5 years ending with the day on which the proceedings were commenced, or

(b) if the case involves a relevant incapacity, or a relevant fraud or error, the period determined in accordance with section 135(6) and (7).

Supplementary

135

(1) This section applies for the purposes of sections 132 to 134.

(2) A standard case is a case which is not—

(a) a concealment case,

(b) an incapacity case, or

(3) A concealment case in relation to an equality clause is a case where—

(a) the responsible person deliberately concealed a qualifying fact (as defined by section 130) from the worker, and

(b) the worker commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.

(4) A concealment case in relation to an equality rule is a case where—

(a) the employer or the trustees or managers of the occupational pension scheme in question deliberately concealed a qualifying fact (as defined by section 130) from the member, and

(b) the member commenced the proceedings before the end of the period of 6 years beginning with the day on which the member discovered (or could with reasonable diligence have discovered) the qualifying fact.

(5) An incapacity case is a case where the worker or member—

(a) had an incapacity when the breach first occurred, and

(b) commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker or member ceased to have the incapacity.

(6) A case involves a relevant incapacity or a relevant fraud or error if the period of 5 years referred to in section 132(5)(a) or 134(6)(a) is, as a result of subsection (7) below, reckoned as a period of more than 5 years; and—

(a) if, as a result of subsection (7), that period is reckoned as a period of more than 5 years but no more than 20 years, the period for the purposes of section 132(5)(b) or (as the case may be) section 134(6)(b) is that extended period;

(b) if, as a result of subsection (7), that period is reckoned as a period of more than 20 years, the period for the purposes of section 132(5)(b) or (as the case may be) section 134(6)(b) is a period of 20 years.

(7) For the purposes of the reckoning referred to in subsection (6), no account is to be taken of time when the worker or member—

(a) had an incapacity, or

(b) was induced by a relevant fraud or error to refrain from commencing proceedings (not being a time after the worker or member could with reasonable diligence have discovered the fraud or error).

(8) For the purposes of subsection (7)—

(a) a fraud is relevant in relation to an equality clause if it is a fraud on the part of the responsible person;

(b) an error is relevant in relation to an equality clause if it is induced by the words or conduct of the responsible person;

(c) a fraud is relevant in relation to an equality rule if it is a fraud on the part of the employer or the trustees or managers of the scheme;

(d) an error is relevant in relation to an equality rule if it is induced by the words or conduct of the employer or the trustees or managers of the scheme.

(9) A reference in subsection (8) to the responsible person, the employer or the trustees or managers includes a reference to a person acting on behalf of the person or persons concerned.

(10) In relation to terms of service, a reference in section 132(5) or subsection (3) or (5)(b) of this section to commencing proceedings is to be read as a reference to making a service complaint.

(11) A reference to a pensioner member of a scheme includes a reference to a person who is entitled to the present payment of pension or other benefits derived through a member.

(12) In relation to proceedings before a court—

(a) a reference to a complaint is to be read as a reference to a claim, and

(b) a reference to a complainant is to be read as a reference to a claimant.

Chapter 5 — Miscellaneous

Burden of proof

136

(1) This section applies to any proceedings relating to a contravention of this Act.

(2) If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred.

(3) But subsection (2) does not apply if A shows that A did not contravene the provision.

(4) The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

(5) This section does not apply to proceedings for an offence under this Act.

(6) A reference to the court includes a reference to—

(a) an employment tribunal;

(b) the Asylum and Immigration Tribunal;

(d) the First-tier Tribunal;

(e) the Education Tribunal for Wales;

(f) the First-tier Tribunal for Scotland Health and Education Chamber .

Previous findings

137

(1) A finding in relevant proceedings in respect of an act which has become final is to be treated as conclusive in proceedings under this Act.

(2) Relevant proceedings are proceedings before a court or employment tribunal under any of the following—

(a) section 19 or 20 of the Race Relations Act 1968;

(b) the Equal Pay Act 1970;

(d) the Race Relations Act 1976;

(e) section 6(4A) of the Sex Discrimination Act 1986;

(f) the Disability Discrimination Act 1995;

(g) Part 2 of the Equality Act 2006;

(h) the Employment Equality (Religion and Belief) Regulations 2003 (S.I. 2003/1660);

(i) the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661);

(j) the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031);

(k) the Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263).

(3) A finding becomes final—

(a) when an appeal against the finding is dismissed, withdrawn or abandoned, or

(b) when the time for appealing expires without an appeal having been brought.

Obtaining information, etc.

138

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Interest

139

(1) Regulations may make provision—

(a) for enabling an employment tribunal to include interest on an amount awarded by it in proceedings under this Act;

(b) specifying the manner in which, and the periods and rate by reference to which, the interest is to be determined.

(2) Regulations may modify the operation of an order made under section 14 of the Employment Tribunals Act 1996 (power to make provision as to interest on awards) in so far as it relates to an award in proceedings under this Act.

Equal pay audits

139A

(1) Regulations may make provision requiring an employment tribunal to order the respondent to carry out an equal pay audit in any case where the tribunal finds that there has been an equal pay breach.

(2) An equal pay breach is—

(a) a breach of an equality clause, or

(b) a contravention in relation to pay of section 39(2), 49(6) or 50(6), so far as relating to sex discrimination.

(3) An equal pay audit is an audit designed to identify action to be taken to avoid equal pay breaches occurring or continuing.

(4) The regulations may make further provision about equal pay audits, including provision about—

(a) the content of an audit;

(b) the powers and duties of a tribunal for deciding whether its order has been complied with;

(5) The regulations must provide for an equal pay audit not to be ordered where the tribunal considers that—

(a) an audit completed by the respondent in the previous 3 years meets requirements prescribed for this purpose,

(b) it is clear without an audit whether any action is required to avoid equal pay breaches occurring or continuing,

(d) the disadvantages of an equal pay audit would outweigh its benefits.

(6) The regulations may provide for an employment tribunal to have power, where a person fails to comply with an order to carry out an equal pay audit, to order that person to pay a penalty to the Secretary of State of not more than an amount specified in the regulations.

(7) The regulations may provide for that power—

(a) to be exercisable in prescribed circumstances;

(b) to be exercisable more than once, if the failure to comply continues.

(8) The first regulations made by virtue of subsection (6) must not specify an amount of more than £5,000.

(9) Sums received by the Secretary of State under the regulations must be paid into the Consolidated Fund.

(10) The first regulations under this section must specify an exemption period during which the requirement to order an equal pay audit does not apply in the case of a business that—

(a) had fewer than 10 employees immediately before a specified time, or

(b) was begun as a new business in a specified period.

(11) For the purposes of subsection (10)—

(a) “ specified ” means specified in the regulations, and

(b) the number of employees a business had or the time when a business was begun as a new business is to be determined in accordance with the regulations.

(12) Before making regulations under this section, a Minister of the Crown must consult any other Minister of the Crown with responsibility for employment tribunals.

Conduct giving rise to separate proceedings

140

(1) This section applies in relation to conduct which has given rise to two or more separate proceedings under this Act, with at least one being for a contravention of section 111 (instructing, causing or inducing contraventions).

(2) A court may transfer proceedings to an employment tribunal.

(3) An employment tribunal may transfer proceedings to a court.

(4) A court or employment tribunal is to be taken for the purposes of this Part to have jurisdiction to determine a claim or complaint transferred to it under this section; accordingly—

(a) a reference to a claim within section 114(1) includes a reference to a claim transferred to a court under this section, and

(b) a reference to a complaint within section 120(1) includes a reference to a complaint transferred to an employment tribunal under this section.

(5) A court or employment tribunal may not make a decision that is inconsistent with an earlier decision in proceedings arising out of the conduct.

(6) “Court” means—

(a) in relation to proceedings in England and Wales, the county court;

(b) in relation to proceedings in Scotland, the sheriff.

Extension of time limits because of mediation in certain cross-border disputes

140A

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Extension of time limits because of alternative dispute resolution in certain consumer contract disputes

140AA

(1) In this section—

“ADR” has the same meaning as in Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024;

“ADR entity” means a person who carries out ADR in compliance with section 293(1) of that Act (which prohibits persons from carrying out ADR unless exempt, accredited, or acting under special ADR arrangements, in accordance with Chapter 4 of Part 4 of that Act);

“consumer contract dispute” has the same meaning as in Chapter 4 of Part 4 of that Act.

(2) Subsection (3) applies where—

(a) a time limit is set by section 118(1)(a) and (2) in relation to the whole or part of a consumer contract dispute;

(b) ADR in relation to the consumer contract dispute starts before the time limit expires; and

(c) if not extended by this section, the time limit would expire before the ADR ends or less than eight weeks after it ends.

(3) For the purposes of initiating judicial proceedings, the time limit expires instead at the end of eight weeks after the ADR ends (subject to subsection (4)).

(4) If a time limit has been extended by this section, subsections (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in subsection (2)(a).

(5) Where more than one time limit applies in relation to a consumer contract dispute, the extension by subsection (3) of one of those time limits does not affect the others.

(6) For the purposes of this section, ADR starts in relation to a consumer contract dispute on the date when the dispute is first sent or otherwise communicated to the ADR entity in accordance with the entity’s rules regarding the submission of complaints.

(7) For the purposes of this section, the non-binding ADR procedure ends on the date of the first of these to occur—

(a) the parties reach an agreement in resolution of the consumer contract dispute;

(b) a party completes the notification of the other parties that it has withdrawn from the ADR;

(c) a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request;

(d) that the ADR entity notifies the party that submitted the consumer contract dispute to the ADR entity that, in accordance with its policy, the ADR entity refuses to deal with the consumer contract dispute;

(e) after the parties are notified that the ADR entity can no longer act in relation to the consumer contract dispute (for whatever reason), the parties fail to agree within 14 days to submit the dispute to an alternative ADR entity;

(f) the ADR otherwise comes to an end pursuant to the rules of the ADR entity.

(8) For the purpose of subsection (7), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the ADR.

(9) In the case of any consumer contract dispute, references in this section to ADR are references to the ADR so far as it relates to that dispute, and references to a party are to be read accordingly.

(10) Where a court or tribunal has power under section 118(1)(b) to extend a period of limitation, the power is exercisable in relation to the period of limitation as extended by this section.

Extension of time limits to facilitate conciliation before institution of proceedings

140B

(1) This section applies where a time limit is set by section 123(1)(a) or 129(3) or (4).

...

(2) In this section—

(a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

(b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

(3) In working out when the time limit set by section 123(1)(a) or 129(3) or (4) expires the period beginning with the day after Day A and ending with Day B is not to be counted.

(4) If the time limit set by section 123(1)(a) or 129(3) or (4) would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

(5) The power conferred on the employment tribunal by subsection (1)(b) of section 123 to extend the time limit set by subsection (1)(a) of that section is exercisable in relation to that time limit as extended by this section.

Interpretation, etc.

141

(1) This section applies for the purposes of this Part.

(2) A reference to the responsible person, in relation to an equality clause or rule, is to be construed in accordance with Chapter 3 of Part 5.

(3) A reference to a worker is a reference to the person to the terms of whose work the proceedings in question relate; and, for the purposes of proceedings relating to an equality rule or a non-discrimination rule, a reference to a worker includes a reference to a member of the occupational pension scheme in question.

(4) A reference to the terms of a person's work is to be construed in accordance with Chapter 3 of Part 5.

(5) A reference to a member of an occupational pension scheme includes a reference to a prospective member.

(6) In relation to proceedings in England and Wales, a person has an incapacity if the person—

(a) has not attained the age of 18, or

(b) lacks capacity (within the meaning of the Mental Capacity Act 2005).

(7) In relation to proceedings in Scotland, a person has an incapacity if the person—

(a) has not attained the age of 16, or

(b) is incapable (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)).

(8) Service complaint” means a complaint made under section 340A(1) or (2) of the Armed Forces Act 2006.

(9) “Criminal matter” means—

(a) an investigation into the commission of an alleged offence;

(b) a decision whether to commence criminal proceedings;

Part 10 — Contracts, etc.

Contracts and other agreements

Unenforceable terms

142

(1) A term of a contract is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act.

(2) A relevant non-contractual term is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act, in so far as this Act relates to disability.

(3) A relevant non-contractual term is a term which—

(a) is a term of an agreement that is not a contract, and

(b) relates to the provision of an employment service within section 56(2)(a) to (e) or to the provision under a group insurance arrangement of facilities by way of insurance.

(4) A reference in subsection (1) or (2) to treatment of a description prohibited by this Act does not include—

(a) a reference to the inclusion of a term in a contract referred to in section 70(2)(a) or 76(2), or

(b) a reference to the failure to include a term in a contract as referred to in section 70(2)(b).

(5) Subsection (4) does not affect the application of section 148(2) to this section.

Removal or modification of unenforceable terms

143

(1) The county court or the sheriff may, on an application by a person who has an interest in a contract or other agreement which includes a term that is unenforceable as a result of section 142, make an order for the term to be removed or modified.

(2) An order under this section must not be made unless every person who would be affected by it—

(a) has been given notice of the application (except where notice is dispensed with in accordance with rules of court), and

(b) has been afforded an opportunity to make representations to the county court or sheriff.

(3) An order under this section may include provision in respect of a period before the making of the order.

Contracting out

144

(1) A term of a contract is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act.

(2) A relevant non-contractual term (as defined by section 142) is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act, in so far as the provision relates to disability.

(3) This section does not apply to a contract which settles a claim within section 114.

(4) This section does not apply to a contract which settles a complaint within section 120 if the contract—

(a) is made with the assistance of a conciliation officer, or

(b) is a qualifying settlement agreement .

(5) A contract within subsection (4) includes a contract which settles a complaint relating to a breach of an equality clause or rule or of a non-discrimination rule.

(6) A contract within subsection (4) includes an agreement by the parties to a dispute to submit the dispute to arbitration if—

(a) the dispute is covered by a scheme having effect by virtue of an order under section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992, and

(b) the agreement is to submit the dispute to arbitration in accordance with the scheme.

Collective agreements and rules of undertakings

Void and unenforceable terms

145

(1) A term of a collective agreement is void in so far as it constitutes, promotes or provides for treatment of a description prohibited by this Act.

(2) A rule of an undertaking is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of the person that is of a description prohibited by this Act.

Declaration in respect of void term, etc.

146

(1) A qualifying person (P) may make a complaint to an employment tribunal that a term is void, or that a rule is unenforceable, as a result of section 145.

(2) But subsection (1) applies only if—

(a) the term or rule may in the future have effect in relation to P, and

(b) where the complaint alleges that the term or rule provides for treatment of a description prohibited by this Act, P may in the future be subjected to treatment that would (if P were subjected to it in present circumstances) be of that description.

(3) If the tribunal finds that the complaint is well-founded, it must make an order declaring that the term is void or the rule is unenforceable.

(4) An order under this section may include provision in respect of a period before the making of the order.

(5) In the case of a complaint about a term of a collective agreement, where the term is one made by or on behalf of a person of a description specified in the first column of the table, a qualifying person is a person of a description specified in the second column.

Description of person who made collective agreement	Qualifying person
Employer	A person who is, or is seeking to be, an employee of that employer
Organisation of employers	A person who is, or is seeking to be, an employee of an employer who is a member of that organisation
Association of organisations of employers	A person who is, or is seeking to be, an employee of an employer who is a member of an organisation in that association

(6) In the case of a complaint about a rule of an undertaking, where the rule is one made by or on behalf of a person of a description specified in the first column of the table, a qualifying person is a person of a description specified in the second column.

Description of person who made rule of undertaking	Qualifying person
Employer	A person who is, or is seeking to be, an employee of that employer
Trade organisation or qualifications body	A person who is, or is seeking to be, a member of the organisation or body
	A person upon whom the body has conferred a relevant qualification
	A person seeking conferment by the body of a relevant qualification

Supplementary

Meaning of “qualifying settlement agreement”

147

(1) This section applies for the purposes of this Part.

(2) A qualifying settlement agreement is a contract in relation to which each of the conditions in subsection (3) is met.

(3) Those conditions are that—

(a) the contract is in writing,

(b) the contract relates to the particular complaint,

(c) the complainant has, before entering into the contract, received advice from an independent adviser about its terms and effect (including, in particular, its effect on the complainant's ability to pursue the complaint before an employment tribunal),

(d) on the date of the giving of the advice, there is in force a contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the complainant in respect of loss arising from the advice,

(e) the contract identifies the adviser, and

(f) the contract states that the conditions in paragraphs (c) and (d) are met.

(4) Each of the following is an independent adviser—

(a) a qualified lawyer;

(b) an officer, official, employee or member of an independent trade union certified in writing by the trade union as competent to give advice and as authorised to do so on its behalf;

(c) a worker at an advice centre (whether as an employee or a volunteer) certified in writing by the centre as competent to give advice and as authorised to do so on its behalf;

(d) a person of such description as may be specified by order.

(5) Despite subsection (4), none of the following is an independent adviser to the complainant in relation to a qualifying settlement agreement—

(a) a person (other than the complainant) who is a party to the contract or the complaint;

(b) a person who is connected to a person within paragraph (a);

(d) a person who is acting for a person within paragraph (a) or (b) in relation to the contract or the complaint;

(e) a person within subsection (4)(b) or (c), if the trade union or advice centre is a person within paragraph (a) or (b);

(f) a person within subsection (4)(c) to whom the complainant makes a payment for the advice.

(6) A “qualified lawyer”, for the purposes of subsection (4)(a), is—

(a) in relation to England and Wales, a 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;

(b) in relation to Scotland, an advocate (whether in practice as such or employed to give legal advice) or a solicitor who holds a practising certificate.

(7) “Independent trade union” has the meaning given in section 5 of the Trade Union and Labour Relations (Consolidation) Act 1992.

(8) Two persons are connected for the purposes of subsection (5) if—

(a) one is a company of which the other (directly or indirectly) has control, or

(b) both are companies of which a third person (directly or indirectly) has control.

(9) Two persons are also connected for the purposes of subsection (5) in so far as a connection between them gives rise to a conflict of interest in relation to the contract or the complaint.

Interpretation

148

(1) This section applies for the purposes of this Part.

(2) A reference to treatment of a description prohibited by this Act does not include treatment in so far as it is treatment that would contravene—

(a) Part 1 (public sector duty regarding socio-economic inequalities), or

(b) Chapter 1 of Part 11 (public sector equality duty).

(3) “Group insurance arrangement” means an arrangement between an employer and another person for the provision by that other person of facilities by way of insurance to the employer's employees (or a class of those employees).

(4) “Collective agreement” has the meaning given in section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992.

(5) A rule of an undertaking is a rule within subsection (6) or (7).

(6) A rule within this subsection is a rule made by a trade organisation or a qualifications body for application to—

(a) its members or prospective members,

(b) persons on whom it has conferred a relevant qualification, or

(7) A rule within this subsection is a rule made by an employer for application to—

(a) employees,

(b) persons who apply for employment, or

(8) “Trade organisation”, “qualifications body” and “relevant qualification” each have the meaning given in Part 5 (work).

Part 11 — Advancement of equality

Chapter 1 — Public sector equality duty

Public sector equality duty

149

(1) A public authority must, in the exercise of its functions, have due regard to the need to—

(a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;

(b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(2) A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1).

(3) Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—

(a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;

(b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;

(c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

(4) The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons' disabilities.

(5) Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—

(a) tackle prejudice, and

(b) promote understanding.

(6) Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act.

(7) The relevant protected characteristics are—

age;

disability;

gender reassignment;

pregnancy and maternity;

race;

religion or belief;

sex;

sexual orientation.

(8) A reference to conduct that is prohibited by or under this Act includes a reference to—

(a) a breach of an equality clause or rule;

(b) a breach of a non-discrimination rule.

(9) Schedule 18 (exceptions) has effect.

Public authorities and public functions

150

(1) A public authority is a person who is specified in Schedule 19.

(2) In that Schedule—

Part 1 specifies public authorities generally;

Part 2 specifies relevant Welsh authorities;

Part 3 specifies relevant Scottish authorities.

(3) A public authority specified in Schedule 19 is subject to the duty imposed by section 149(1) in relation to the exercise of all of its functions unless subsection (4) applies.

(4) A public authority specified in that Schedule in respect of certain specified functions is subject to that duty only in respect of the exercise of those functions.

(5) A public function is a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

Power to specify public authorities

151

(1) A Minister of the Crown may by order amend Part 1, 2 or 3 of Schedule 19.

(2) The Welsh Ministers may by order amend Part 2 of Schedule 19.

(3) The Scottish Ministers may by order amend Part 3 of Schedule 19.

(4) The power under subsection (1), (2) or (3) may not be exercised so as to—

(a) add an entry to Part 1 relating to a relevant Welsh or Scottish authority or a cross-border Welsh or Scottish authority;

(b) add an entry to Part 2 relating to a person who is not a relevant Welsh authority;

(5) A Minister of the Crown may by order amend Schedule 19 so as to make provision relating to a cross-border Welsh or Scottish authority.

(6) On the first exercise of the power under subsection (5) to add an entry relating to a cross-border Welsh or Scottish authority to Schedule 19, a Minister of the Crown must—

(a) add a Part 4 to the Schedule for cross-border authorities, and

(b) add the cross-border Welsh or Scottish authority to that Part.

(7) Any subsequent exercise of the power under subsection (5) to add an entry relating to a cross-border Welsh or Scottish authority to Schedule 19 must add that entry to Part 4 of the Schedule.

(8) An order may not be made under this section so as to extend the application of section 149 unless the person making it considers that the extension relates to a person by whom a public function is exercisable.

(9) An order may not be made under this section so as to extend the application of section 149 to—

(a) the exercise of a function referred to in paragraph 3 of Schedule 18 (judicial functions, etc);

(b) a person listed in paragraph 4(2)(a) to (e) of that Schedule (Parliament, devolved legislatures and General Synod);

(c) the exercise of a function listed in paragraph 4(3) of that Schedule (proceedings in Parliament or devolved legislatures).

Power to specify public authorities: consultation ...

152

(1) Before making an order under a provision specified in the first column of the Table, a Minister of the Crown must consult the person or persons specified in the second column.

Provision	Consultees
Section 151(1)	The Commission
Section 151(1), so far as relating to a relevant Welsh authority	The Welsh Ministers
Section 151(1), so far as relating to a relevant Scottish authority	The Scottish Ministers
Section 151(5)	The Commission
Section 151(5), so far as relating to a cross-border Welsh authority	The Welsh Ministers
Section 151(5), so far as relating to a cross-border Scottish authority	The Scottish Ministers

(2) Before making an order under section 151(2), the Welsh Ministers must consult the Commission, and after making such an order they must inform a Minister of the Crown.

(3) Before making an order under section 151(3), the Scottish Ministers must consult the Commission, and after making such an order they must inform a Minister of the Crown.

Power to impose specific duties

153

(1) A Minister of the Crown may by regulations impose duties on a public authority specified in Part 1 of Schedule 19 for the purpose of enabling the better performance by the authority of the duty imposed by section 149(1).

(2) The Welsh Ministers may by regulations impose duties on a public authority specified in Part 2 of Schedule 19 for that purpose.

(3) The Scottish Ministers may by regulations impose duties on a public authority specified in Part 3 of Schedule 19 for that purpose.

(4) Before making regulations under this section, the person making them must consult the Commission.

Power to impose specific duties: cross-border authorities

154

(1) If a Minister of the Crown exercises the power in section 151(5) to add an entry for a public authority to Part 4 of Schedule 19, the Minister must include after the entry a letter specified in the first column of the Table in subsection (3).

(2) Where a letter specified in the first column of the Table in subsection (3) is included after an entry for a public authority in Part 4 of Schedule 19, the person specified in the second column of the Table—

(a) may by regulations impose duties on the authority for the purpose of enabling the better performance by the authority of the duty imposed by section 149(1), subject to such limitations as are specified in that column;

(b) must in making the regulations comply with the procedural requirement specified in that column.

(3) This is the Table—

Letter	Person by whom regulations may be made and procedural requirements
A	Regulations may be made by a Minister of the Crown in relation to the authority's functions that are not devolved Welsh functions.
A	The Minister of the Crown must consult the Welsh Ministers before making the regulations.
A	Regulations may be made by the Welsh Ministers in relation to the authority's devolved Welsh functions.
A	The Welsh Ministers must inform a Minister of the Crown after making the regulations.
B	Regulations may be made by a Minister of the Crown in relation to the authority's functions that are not devolved Scottish functions.
B	The Minister of the Crown must consult the Scottish Ministers before making the regulations.
B	Regulations may be made by the Scottish Ministers in relation to the authority's devolved Scottish functions.
B	The Scottish Ministers must inform a Minister of the Crown after making the regulations.
C	Regulations may be made by a Minister of the Crown in relation to the authority's functions that are neither devolved Welsh functions nor devolved Scottish functions.
C	The Minister of the Crown must consult the Welsh Ministers and the Scottish Ministers before making the regulations.
C	Regulations may be made by the Welsh Ministers in relation to the authority's devolved Welsh functions.
C	The Welsh Ministers must inform a Minister of the Crown after making the regulations.
C	Regulations may be made by the Scottish Ministers in relation to the authority's devolved Scottish functions.
C	The Scottish Ministers must inform a Minister of the Crown after making the regulations.
D	The regulations may be made by a Minister of the Crown.
D	The Minister of the Crown must consult the Welsh Ministers before making the regulations.

(4) Before making regulations under subsection (2), the person making them must consult the Commission.

Power to impose specific duties: supplementary

155

(1) Regulations under section 153 or 154 may require a public authority to consider such matters as may be specified from time to time by—

(a) a Minister of the Crown, where the regulations are made by a Minister of the Crown;

(b) the Welsh Ministers, where the regulations are made by the Welsh Ministers;

(2) Regulations under section 153 or 154 may impose duties on a public authority that is a contracting authority within the meaning of the public procurement legislation in connection with its public procurement functions.

(3) In this section—

“concession contract” has the same meaning as in the Procurement Act 2023 (see section 8 of that Act);

“covered procurement” has the same meaning as in the Procurement Act 2023 (see section 1 of that Act);

“defence and security contract” has the same meaning as in the Procurement Act 2023 (see section 7 of that Act);

“devolved Scottish authority” has the same meaning as in the Procurement Act 2023 (see section 2 of that Act);

“public procurement functions” means—functions related to covered procurement, other than the procurement of a utilities contract, defence and security contract or concession contract, the exercise of which is regulated by the Procurement Act 2023, as amended from time to time, orfunctions the exercise of which is regulated by the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), as amended from time to time;

“public procurement legislation” means the Procurement Act 2023 or, in respect of a public authority that is a devolved Scottish authority, the Public Contracts (Scotland) Regulations 2015, as amended from time to time;

“utilities contract” has the same meaning as in the Procurement Act 2023 (see section 6 of that Act).

(4) Subsections (1) and (2) do not affect the generality of section 153 or 154(2)(a).

(5) A duty imposed on a public authority under section 153 or 154 may be modified or removed by regulations made by—

(a) a Minister of the Crown, where the original duty was imposed by regulations made by a Minister of the Crown;

(b) the Welsh Ministers, where the original duty was imposed by regulations made by the Welsh Ministers;

Enforcement

156

A failure in respect of a performance of a duty imposed by or under this Chapter does not confer a cause of action at private law.

Interpretation

157

(1) This section applies for the purposes of this Chapter.

(2) A relevant Welsh authority is a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006) other than the Assembly Commission.

(3) A cross-border Welsh authority is a person other than a relevant Welsh authority (or the Assembly Commission) who has any function that—

(a) is exercisable in or as regards Wales, and

(b) is a devolved Welsh function.

(4) The Assembly Commission has the same meaning as in the Government of Wales Act 2006.

(5) A function is a devolved Welsh function if—

(a) it relates to a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or

(b) provision conferring the function would be within the legislative competence of the National Assembly for Wales.

(6) A relevant Scottish authority is a public body, public office or holder of a public office—

(a) which is not a cross-border Scottish authority or the Scottish Parliamentary Corporate Body,

(b) whose functions are exercisable only in or as regards Scotland, and

(7) A cross-border Scottish authority is a cross-border public authority within the meaning given by section 88(5) of the Scotland Act 1998.

(8) A function is a devolved Scottish function if it—

(a) is exercisable in or as regards Scotland, and

(b) does not relate to reserved matters.

(9) Reserved matters has the same meaning as in the Scotland Act 1998.

Chapter 2 — Positive action

Positive action: general

158

(1) This section applies if a person (P) reasonably thinks that—

(a) persons who share a protected characteristic suffer a disadvantage connected to the characteristic,

(b) persons who share a protected characteristic have needs that are different from the needs of persons who do not share it, or

(2) This Act does not prohibit P from taking any action which is a proportionate means of achieving the aim of—

(a) enabling or encouraging persons who share the protected characteristic to overcome or minimise that disadvantage,

(b) meeting those needs, or

(3) Regulations may specify action, or descriptions of action, to which subsection (2) does not apply.

(4) This section does not apply to—

(a) action within section 159(3), or

(b) anything that is permitted by virtue of section 104.

(5) If section 104(7) is repealed by virtue of section 105, this section will not apply to anything that would have been so permitted but for the repeal.

(6) This section does not enable P to do anything that is prohibited by or under an enactment other than this Act.

Positive action: recruitment and promotion

159

(1) This section applies if a person (P) reasonably thinks that—

(a) persons who share a protected characteristic suffer a disadvantage connected to the characteristic, or

(b) participation in an activity by persons who share a protected characteristic is disproportionately low.

(2) Part 5 (work) does not prohibit P from taking action within subsection (3) with the aim of enabling or encouraging persons who share the protected characteristic to—

(a) overcome or minimise that disadvantage, or

(b) participate in that activity.

(3) That action is treating a person (A) more favourably in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not.

(4) But subsection (2) applies only if—

(a) A is as qualified as B to be recruited or promoted,

(b) P does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it, and

(5) “Recruitment” means a process for deciding whether to—

(a) offer employment to a person,

(b) make contract work available to a contract worker,

(d) offer a person a position as a member of an LLP or proposed LLP,

(e) offer a person a pupillage or tenancy in barristers' chambers,

(f) take a person as an advocate's devil or offer a person membership of an advocate's stable,

(g) offer a person an appointment to a personal office,

(h) offer a person an appointment to a public office, recommend a person for such an appointment or approve a person's appointment to a public office, or

(i) offer a person a service for finding employment.

(6) This section does not enable P to do anything that is prohibited by or under an enactment other than this Act.

Part 12 — Disabled persons: transport

Chapter 1 — Taxis, etc.

Taxi accessibility regulations

160

(1) The Secretary of State may make regulations (in this Chapter referred to as “taxi accessibility regulations”) for securing that it is possible for disabled persons—

(a) to get into and out of taxis in safety;

(b) to do so while in wheelchairs;

(d) to do so while in wheelchairs.

(2) The regulations may, in particular, require a regulated taxi to conform with provision as to—

(a) the size of a door opening for the use of passengers;

(b) the floor area of the passenger compartment;

(d) the fitting of restraining devices designed to ensure the stability of a wheelchair while the taxi is moving.

(3) The regulations may also—

(a) require the driver of a regulated taxi which is plying for hire, or which has been hired, to comply with provisions as to the carrying of ramps or other devices designed to facilitate the loading and unloading of wheelchairs;

(b) require the driver of a regulated taxi in which a disabled person is being carried while in a wheelchair to comply with provisions as to the position in which the wheelchair is to be secured.

(4) The driver of a regulated taxi which is plying for hire or has been hired commits an offence—

(a) by failing to comply with a requirement of the regulations, or

(b) if the taxi fails to conform with any provision of the regulations with which it is required to conform.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) In this section—

“passenger compartment” has such meaning as is specified in taxi accessibility regulations;

“regulated taxi” means a taxi to which taxi accessibility regulations are expressed to apply.

Control of numbers of licensed taxis: exception

161

(1) This section applies if—

(a) an application for a licence in respect of a vehicle is made under section 37 of the Town Police Clauses Act 1847,

(b) it is possible for a disabled person—

(i) to get into and out of the vehicle in safety,

(ii) to travel in the vehicle in safety and reasonable comfort, and

(iii) to do the things mentioned in sub-paragraphs (i) and (ii) while in a wheelchair of a size prescribed by the Secretary of State, and

(c) the proportion of taxis licensed in respect of the area to which the licence would (if granted) apply that conform to the requirement in paragraph (b) is less than the proportion that is prescribed by the Secretary of State.

(2) Section 16 of the Transport Act 1985 (which modifies the provisions of the Town Police Clauses Act 1847 about hackney carriages to allow a licence to ply for hire to be refused in order to limit the number of licensed carriages) does not apply in relation to the vehicle; and those provisions of the Town Police Clauses Act 1847 are to have effect subject to this section.

(3) In section 16 of the Transport Act 1985, after “shall” insert “ (subject to section 161 of the Equality Act 2010) ”.

Designated transport facilities

162

(1) The appropriate authority may by regulations provide for the application of any taxi provision (with or without modification) to—

(a) vehicles used for the provision of services under a franchise agreement, or

(b) drivers of such vehicles.

(2) A franchise agreement is a contract entered into by the operator of a designated transport facility for the provision, by the other party to the contract, of hire car services—

(a) for members of the public using any part of the facility, and

(b) which involve vehicles entering any part of the facility.

(3) In this section—

“appropriate authority” means—in relation to transport facilities in England and Wales, the Secretary of State;in relation to transport facilities in Scotland, the Scottish Ministers;

“designated” means designated by order made by the appropriate authority;

“hire car” has such meaning as is prescribed by the appropriate authority;

“operator”, in relation to a transport facility, means a person who is concerned with the management or operation of the facility;

“taxi provision” means a provision of—this Chapter, orregulations made in pursuance of section 20(2A) of the Civic Government (Scotland) Act 1982,which applies in relation to taxis or drivers of taxis;

“transport facility” means premises which form part of a port, airport, railway station or bus station.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Taxi licence conditional on compliance with taxi accessibility regulations

163

(1) A licence for a taxi to ply for hire must not be granted unless the vehicle conforms with the provisions of taxi accessibility regulations with which a vehicle is required to conform if it is licensed.

(2) Subsection (1) does not apply if a licence is in force in relation to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.

(3) The Secretary of State may by order provide for subsection (2) to cease to have effect on a specified date.

(4) The power under subsection (3) may be exercised differently for different areas or localities.

Exemption from taxi accessibility regulations

164

(1) The Secretary of State may by regulations provide for a relevant licensing authority to apply for an order (an “exemption order”) exempting the authority from the requirements of section 163.

(2) Regulations under subsection (1) may, in particular, make provision requiring an authority proposing to apply for an exemption order—

(a) to carry out such consultation as is specified;

(b) to publish its proposals in the specified manner;

(d) to make the application in the specified form.

In this subsection “specified” means specified in the regulations.

(3) An authority may apply for an exemption order only if it is satisfied—

(a) that, having regard to the circumstances in its area, it is inappropriate for section 163 to apply, and

(b) that the application of that section would result in an unacceptable reduction in the number of taxis in its area.

(4) After consulting the Disabled Persons Transport Advisory Committee and such other persons as the Secretary of State thinks appropriate, the Secretary of State may—

(a) make an exemption order in the terms of the application for the order;

(b) make an exemption order in such other terms as the Secretary of State thinks appropriate;

(5) The Secretary of State may by regulations make provision requiring a taxi plying for hire in an area in respect of which an exemption order is in force to conform with provisions of the regulations as to the fitting and use of swivel seats.

(6) Regulations under subsection (5) may make provision corresponding to section 163.

(7) In this section—

“relevant licensing authority” means an authority responsible for licensing taxis in any area of England and Wales other than the area to which the Metropolitan Public Carriage Act 1869 applies;

“swivel seats” has such meaning as is specified in regulations under subsection (5).

Disabled passengers: duties of drivers

164A

(1) This section imposes duties on the driver of a taxi or private hire vehicle which has been hired—

(a) by or for a disabled person, or

(b) by another person who wishes to be accompanied by a disabled person.

(2) This section also imposes duties on the driver of a taxi or private hire vehicle if—

(a) the vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and

(b) a person within subsection (1)(a) or (b) has indicated to the driver that the person wishes to travel on the service.

(3) But this section does not impose duties on a driver in a case in which—

(a) the taxi or private hire vehicle is designated, and

(b) the disabled person is in a wheelchair.

For provision that applies in such a case, see section 165.

(4) For the purposes of this section—

(a) a taxi or private hire vehicle is “designated” if it appears on a list maintained under section 167;

(b) “the passenger” means the disabled person concerned.

(5) The duties are—

(a) to carry the passenger;

(b) if the passenger is in or has with them a wheelchair, to carry the wheelchair;

(d) to take such steps as are reasonable to ensure that the passenger is carried in safety and reasonable comfort;

(e) to give the passenger such mobility assistance as is reasonably required;

(f) not to make, or propose to make, any additional charge for complying with a duty mentioned in paragraphs (a) to (e).

(6) For the purposes of this section “mobility aids” means any item the passenger uses to assist with their mobility but does not include—

(a) a wheelchair, or

(b) an assistance dog (sections 168 and 170 make provision about the carrying of assistance dogs).

(7) For the purposes of this section “mobility assistance” means assistance—

(a) to enable the passenger to get into or out of the vehicle;

(b) to load the passenger’s luggage, wheelchair or mobility aids into or out of the vehicle.

(8) This section does not require the driver—

(a) unless the vehicle is of a description prescribed by the Secretary of State, to carry more than one wheelchair on any one journey;

(b) to carry a person in circumstances in which it would otherwise be lawful for the driver to refuse to carry the person.

(9) The driver of a taxi or private hire vehicle commits an offence by failing to comply with a duty imposed on the driver by this section.

(10) A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11) It is a defence for a person charged with an offence under subsection (9) in relation to the duty mentioned in subsection (5)(a) or (d) to show that at the time of the alleged offence the person could not reasonably have known that the passenger was disabled.

(12) It is a defence for a person charged with an offence under subsection (9) in relation to the duty mentioned in subsection (5)(b) or (c) to show that at the time of the alleged offence—

(a) it would not have been possible for the wheelchair or mobility aids to be carried safely in the vehicle, or

(b) it would not otherwise have been reasonable in all the circumstances for the wheelchair or mobility aids to be carried in the vehicle.

(13) It is a defence for a person charged with an offence under subsection (9) in relation to the duty mentioned in subsection (5)(e) to show that at the time of the alleged offence the person could not reasonably have known that the passenger required mobility assistance of the type required by the passenger.

Disabled passengers in wheelchairs: duties of drivers of designated vehicles

165

(1) This section imposes duties on the driver of a designated taxi or designated private hire vehicle which has been hired—

(a) by or for a disabled person who is in a wheelchair, or

(b) by another person who wishes to be accompanied by a disabled person who is in a wheelchair.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) This section also imposes duties on the driver of a designated taxi or designated private hire vehicle if—

(a) the vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and

(b) a person within subsection (1)(a) or (b) has indicated to the driver that the person wishes to travel on the service.

(3) For the purposes of this section—

(a) a taxi or private hire vehicle is “designated” if it appears on a list maintained under section 167;

(b) “the passenger” means the disabled person concerned.

(4) The duties are—

(a) to carry the passenger while in the wheelchair;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ca) if the passenger has with them any mobility aids, to carry the mobility aids;

(d) to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort;

(e) to give the passenger such mobility assistance as is reasonably required.

(f) not to make, or propose to make, any additional charge for complying with a duty mentioned in paragraphs (a) to (e).

(4A) For the purposes of this section “mobility aids” means any item the passenger uses to assist with their mobility but does not include—

(a) a wheelchair, or

(b) an assistance dog (sections 168 and 170 make provision about the carrying of assistance dogs).

(5) For the purposes of this section “mobility assistance” means assistance—

(a) to enable the passenger to get into or out of the vehicle;

(b) if the passenger wishes to remain in the wheelchair, to enable the passenger to get into and out of the vehicle while in the wheelchair;

(d) if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle.

(6) This section does not require the driver—

(a) unless the vehicle is of a description prescribed by the Secretary of State, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey;

(b) to carry a person in circumstances in which it would otherwise be lawful for the driver to refuse to carry the person.

(7) A driver of a designated taxi or designated private hire vehicle commits an offence by failing to comply with a duty imposed on the driver by this section.

(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) It is a defence for a person charged with an offence under subsection (7) in relation to the duty mentioned in subsection (4)(a) or (c) to show that at the time of the alleged offence—

(a) the vehicle conformed to the accessibility requirements which applied to it, but

(b) it would not have been possible for the wheelchair to be carried safely in the vehicle.

(9A) It is a defence for a person charged with an offence under subsection (7) in relation to the duty mentioned in subsection (4)(ca) to show that at the time of the alleged offence—

(a) it would not have been possible for the mobility aids to be carried safely in the vehicle, or

(b) it would not otherwise have been reasonable in all the circumstances for the mobility aids to be carried in the vehicle.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disabled passengers: assistance to identify and find vehicle

165A

(1) This section imposes duties on the driver of a private hire vehicle or pre-booked taxi where the following two conditions are met.

(2) The first condition is that the private hire vehicle or pre-booked taxi has been hired—

(a) by or for a disabled person, or

(b) by another person who wishes to be accompanied by a disabled person.

(3) The second condition is that the driver of the private hire vehicle or pre-booked taxi has been made aware before the start of the passenger’s journey in the vehicle that the passenger requires assistance to identify or find that vehicle.

(4) For the purposes of this section—

(a) a taxi is “pre-booked” if it has been hired otherwise than as a result of plying or standing for hire;

(b) “the passenger” means the disabled person concerned.

(5) The duties are—

(a) to take such steps as are reasonable to assist the passenger to identify and find the vehicle which has been hired;

(b) not to make, or propose to make, any additional charge for complying with the duty mentioned in paragraph (a).

(6) The driver of a private hire vehicle or pre-booked taxi commits an offence by failing to comply with a duty imposed on the driver by this section.

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Disabled passengers: exemption certificates

166

(1) A licensing authority must issue a person with a certificate exempting the person from the mobility assistance duties (an “exemption certificate”) if satisfied that it is appropriate to do so—

(a) on medical grounds, or

(b) on the ground that the person's physical condition makes it impossible or unreasonably difficult for the person to comply with those duties.

(2) An exemption certificate is valid for such period as is specified in the certificate.

(2A) For the purposes of this section “the mobility assistance duties” means—

(a) the duty mentioned in section 164A(5)(e), and

(b) the duty mentioned in section 165(4)(e).

(3) The driver of a ... taxi is exempt from the mobility assistance duties if—

(a) an exemption certificate issued to the driver is in force, and

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