Legalize / United Kingdom / Public General Act

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 prescribed notice of the exemption is exhibited on the taxi in the prescribed manner.

(4) The driver of a ... private hire vehicle is exempt from the mobility assistance duties if—

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

(b) the prescribed notice of the exemption is exhibited on the vehicle in the prescribed manner.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section and section 167 “licensing authority”, in relation to any area, means the authority responsible for licensing taxis or, as the case may be, private hire vehicles in that area.

Lists of wheelchair-accessible vehicles

167

(1) For the purposes of section 165, a licensing authority must maintain and publish a list of vehicles falling within subsection (2).

(2) A vehicle falls within this subsection if—

(a) it is either a taxi or a private hire vehicle, and

(b) it conforms to such accessibility requirements as the licensing authority thinks fit.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(5) “Accessibility requirements” are requirements for securing that it is possible for disabled persons in wheelchairs—

(a) to get into and out of vehicles in safety, and

(b) to travel in vehicles in safety and reasonable comfort,

either staying in their wheelchairs or not (depending on which they prefer).

(6) The Secretary of State may issue guidance to licensing authorities as to—

(a) the accessibility requirements which they should apply for the purposes of this section;

(aa) how a list under subsection (1) is to be maintained and published;

(b) any other aspect of their functions under or by virtue of this section.

(7) A licensing authority ... must have regard to any guidance issued under subsection (6).

Disabled passengers: duties of operators of private hire vehicles

167A

(1) The operator of a private hire vehicle commits an offence by failing or refusing to accept a booking for the vehicle if—

(a) the booking is requested by or on behalf of a disabled person or a person who wishes to be accompanied by a disabled person, and

(b) the reason for the failure or refusal is—

(i) that the passenger has a disability, or

(ii) to prevent the driver of the private hire vehicle being made subject to a duty which would otherwise be imposed on the driver by section 164A, 165 or 165A.

(2) The operator of a private hire vehicle commits an offence by making, or proposing to make, an additional charge for the carrying out of any duty imposed on the driver of the private hire vehicle under section 164A, 165 or 165A.

(3) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) It is a defence for a person charged with an offence under subsection (1) to show that it was reasonable not to have accepted the booking due to a lack of suitable vehicles.

(5) In this section “the passenger” means the disabled person concerned.

Assistance dogs in taxis

168

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

(a) by or for a disabled person who is accompanied by an assistance dog, or

(b) by another person who wishes to be accompanied by a disabled person with an assistance dog.

(2) The driver must—

(a) carry the disabled person's dog and allow it to remain with that person;

(b) not make , or propose to make, any additional charge for doing so.

(3) The driver of a taxi commits an offence by failing to comply with a duty imposed by this section.

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

Assistance dogs in taxis: exemption certificates

169

(1) A licensing authority must issue a person with a certificate exempting the person from the duties imposed by section 168 (an “exemption certificate”) if satisfied that it is appropriate to do so on medical grounds.

(2) In deciding whether to issue an exemption certificate the authority must have regard, in particular, to the physical characteristics of the taxi which the person drives or those of any kind of taxi in relation to which the person requires the certificate.

(3) An exemption certificate is valid—

(a) in respect of a specified taxi or a specified kind of taxi;

(b) for such period as is specified in the certificate.

(4) The driver of a taxi is exempt from the duties imposed by section 168 if—

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

(b) the prescribed notice of the exemption is exhibited on the taxi in the prescribed manner.

The power to make regulations under paragraph (b) is exercisable by the Secretary of State.

(5) In this section “licensing authority” means—

(a) in relation to the area to which the Metropolitan Public Carriage Act 1869 applies, Transport for London;

(b) in relation to any other area in England and Wales, the authority responsible for licensing taxis in that area.

Assistance dogs in private hire vehicles

170

(1) The operator of a private hire vehicle commits an offence by failing or refusing to accept a booking for the vehicle—

(a) if the booking is requested by or on behalf of a disabled person or a person who wishes to be accompanied by a disabled person, and

(b) the reason for the failure or refusal is—

(i) that the disabled person will be accompanied by an assistance dog, or

(ii) to prevent the driver of the private hire vehicle being made subject to a duty which would otherwise be imposed on the driver by this section.

(2) The operator or driver of a private hire vehicle commits an offence by making , or proposing to make, an additional charge for carrying an assistance dog which is accompanying a disabled person.

(3) The driver of a private hire vehicle commits an offence by failing or refusing to carry out a booking accepted by the operator—

(a) if the booking is made by or on behalf of a disabled person or a person who wishes to be accompanied by a disabled person, and

(b) the reason for the failure or refusal is that the disabled person is accompanied by an assistance dog.

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

(5) In this section—

“driver” means a person who holds a licence under—section 13 of the Private Hire Vehicles (London) Act 1998 ...,section 51 of the Local Government (Miscellaneous Provisions) Act 1976 ..., oran equivalent provision of a local enactment;

“licensing authority”, in relation to any area in England and Wales, means the authority responsible for licensing private hire vehicles in that area;

Assistance dogs in private hire vehicles: exemption certificates

171

(1) A licensing authority must issue a driver with a certificate exempting the driver from the offence under section 170(3) (an “exemption certificate”) if satisfied that it is appropriate to do so on medical grounds.

(2) In deciding whether to issue an exemption certificate the authority must have regard, in particular, to the physical characteristics of the private hire vehicle which the person drives or those of any kind of private hire vehicle in relation to which the person requires the certificate.

(3) An exemption certificate is valid—

(a) in respect of a specified private hire vehicle or a specified kind of private hire vehicle;

(b) for such period as is specified in the certificate.

(4) A driver does not commit an offence under section 170(3) if—

(a) an exemption certificate issued to the driver is in force with respect to the private hire vehicle, and

(b) the prescribed notice of the exemption is exhibited on the vehicle in the prescribed manner.

The power to make regulations under paragraph (b) is exercisable by the Secretary of State.

(5) In this section “driver” and “licensing authority” have the same meaning as in section 170.

Appeals

172

(1) A person who is aggrieved by the refusal of a licensing authority in England and Wales to issue an exemption certificate under section 166, 169 or 171 may appeal to a magistrates' court before the end of the period of 28 days beginning with the date of the refusal.

(2) A person who is aggrieved by the refusal of a licensing authority in Scotland to issue an exemption certificate under section 166 may appeal to the sheriff before the end of the period of 28 days beginning with the date of the refusal.

(3) On an appeal under subsection (1) or (2), the magistrates' court or sheriff may direct the licensing authority to issue the exemption certificate to have effect for such period as is specified in the direction.

(4) A person who is aggrieved by the decision of a licensing authority to include a vehicle on a list maintained under section 167 may appeal to a magistrates' court or, in Scotland, the sheriff before the end of the period of 28 days beginning with the date of the inclusion.

Interpretation

173

(1) In this Chapter—

“accessibility requirements” has the meaning given in section 167(5);

“assistance dog” means—a dog which has been trained to guide a blind person;a dog which has been trained to assist a deaf person;a dog which has been trained by a prescribed charity to assist a disabled person who has a disability that consists of epilepsy or otherwise affects the person's mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects;a dog of a prescribed category which has been trained to assist a disabled person who has a disability (other than one falling within paragraph (c)) of a prescribed kind;

“operator”, in relation to a private hire vehicle—means a person who holds a licence under—section 55 of the Local Government (Miscellaneous Provisions) Act 1976,section 3 of the Private Hire Vehicles (London) Act 1998, ora provision of a local enactment equivalent to the provision mentioned in sub-paragraph (i) or (ii); andin section 167A, also includes a person who holds a licence under Part I of the Civic Government (Scotland) Act 1982 in relation to the use of premises for the carrying on of a business which consists to any extent of the taking of bookings, by any means of communication, from members of the public for the hire of a private hire car licenced under section 10 of that Act;

“private hire vehicle”—means a vehicle licensed under—section 48 of the Local Government (Miscellaneous Provisions) Act 1976,section 7 of the Private Hire Vehicles (London) Act 1998, ora provision of a local enactment equivalent to the provision mentioned in sub-paragraph (i) or (ii); andin sections 164A to 167A, also includes a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982;

“taxi”—means a vehicle which is licensed under section 37 of the Town Police Clauses Act 1847 or section 6 of the Metropolitan Public Carriage Act 1869, andin sections 162 and 164A to 167, also includes a taxi licensed under section 10 of the Civic Government (Scotland) Act 1982,but does not include a vehicle drawn by a horse or other animal;

“taxi accessibility regulations” has the meaning given by section 160(1).

(2) A power to make regulations under paragraph (c) or (d) of the definition of “assistance dog” in subsection (1) is exercisable by the Secretary of State.

Chapter 2 — Public service vehicles

PSV accessibility regulations

174

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

(a) to get on to and off regulated public service vehicles in safety and without unreasonable difficulty (and, in the case of disabled persons in wheelchairs, to do so while remaining in their wheelchairs), and

(b) to travel in such vehicles in safety and reasonable comfort.

(2) The regulations may, in particular, make provision as to the construction, use and maintenance of regulated public service vehicles, including provision as to—

(a) the fitting of equipment to vehicles;

(b) equipment to be carried by vehicles;

(d) the fitting and use of restraining devices designed to ensure the stability of wheelchairs while vehicles are moving;

(e) the position in which wheelchairs are to be secured while vehicles are moving.

(3) In this section “public service vehicle” means a vehicle which is—

(a) adapted to carry more than 8 passengers, and

(b) a public service vehicle for the purposes of the Public Passenger Vehicles Act 1981;

and in this Chapter “regulated public service vehicle” means a public service vehicle to which PSV accessibility regulations are expressed to apply.

(4) The regulations may make different provision—

(a) as respects different classes or descriptions of vehicle;

(b) as respects the same class or description of vehicle in different circumstances.

(5) The Secretary of State must not make regulations under this section or section 176 or 177 without consulting—

(a) the Disabled Persons Transport Advisory Committee, and

(b) such other representative organisations as the Secretary of State thinks fit.

Offence of contravening PSV accessibility regulations

175

(1) A person commits an offence by—

(a) contravening a provision of PSV accessibility regulations;

(b) using on a road a regulated public service vehicle which does not conform with a provision of the regulations with which it is required to conform;

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

(3) If an offence under this section committed by a body corporate is committed with the consent or connivance of, or is attributable to neglect on the part of, a responsible person, the responsible person as well as the body corporate is guilty of the offence.

(4) In subsection (3) a responsible person, in relation to a body corporate, is—

(a) a director, manager, secretary or similar officer;

(b) a person purporting to act in the capacity of a person mentioned in paragraph (a);

(5) If, in Scotland, an offence committed by a partnership or an unincorporated association is committed with the consent or connivance of, or is attributable to neglect on the part of, a partner or person concerned in the management of the association, the partner or person as well as the partnership or association is guilty of the offence.

Accessibility certificates

176

(1) A regulated public service vehicle must not be used on a road unless—

(a) a vehicle examiner has issued a certificate (an “accessibility certificate”) that such provisions of PSV accessibility regulations as are prescribed are satisfied in respect of the vehicle, or

(b) an approval certificate has been issued under section 177 in respect of the vehicle.

(2) Regulations may make provision—

(a) with respect to applications for, and the issue of, accessibility certificates;

(b) providing for the examination of vehicles in respect of which applications have been made;

(3) The operator of a regulated public service vehicle commits an offence if the vehicle is used in contravention of this section.

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

(5) A power to make regulations under this section is exercisable by the Secretary of State.

(6) In this section “operator” has the same meaning as in the Public Passenger Vehicles Act 1981.

Approval certificates

177

(1) The Secretary of State may approve a vehicle for the purposes of this section if satisfied that such provisions of PSV accessibility regulations as are prescribed for the purposes of section 176 are satisfied in respect of the vehicle.

(2) A vehicle which is so approved is referred to in this section as a “type vehicle”.

(3) Subsection (4) applies if a declaration in the prescribed form is made by an authorised person that a particular vehicle conforms in design, construction and equipment with a type vehicle.

(4) A vehicle examiner may issue a certificate in the prescribed form (an “approval certificate”) that it conforms to the type vehicle.

(5) Regulations may make provision—

(a) with respect to applications for, and grants of, approval under subsection (1);

(b) with respect to applications for, and the issue of, approval certificates;

(d) with respect to the issue of copies of approval certificates in place of certificates which have been lost or destroyed.

(6) The Secretary of State may at any time withdraw approval of a type vehicle.

(7) If an approval is withdrawn—

(a) no further approval certificates are to be issued by reference to the type vehicle; but

(b) an approval certificate issued by reference to the type vehicle before the withdrawal continues to have effect for the purposes of section 176.

(8) A power to make regulations under this section is exercisable by the Secretary of State.

(9) In subsection (3) “authorised person” means a person authorised by the Secretary of State for the purposes of that subsection.

Special authorisations

178

(1) The Secretary of State may by order authorise the use on roads of—

(a) a regulated public service vehicle of a class or description specified by the order, or

(b) a regulated public service vehicle which is so specified.

(2) Nothing in sections 174 to 177 prevents the use of a vehicle in accordance with the order.

(3) The Secretary of State may by order make provision for securing that provisions of PSV accessibility regulations apply to regulated public service vehicles of a description specified by the order, subject to any modifications or exceptions specified by the order.

(4) An order under subsection (1) or (3) may make the authorisation or provision (as the case may be) subject to such restrictions and conditions as are specified by or under the order.

(5) Section 207(2) does not require an order under this section that applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory instrument; but such an order is as capable of being amended or revoked as an order made by statutory instrument.

Reviews and appeals

179

(1) Subsection (2) applies if the Secretary of State refuses an application for the approval of a vehicle under section 177(1) and, before the end of the prescribed period, the applicant—

(a) asks the Secretary of State to review the decision, and

(b) pays any fee fixed under section 180.

(2) The Secretary of State must—

(a) review the decision, and

(b) in doing so, consider any representations made in writing by the applicant before the end of the prescribed period.

(3) A person applying for an accessibility certificate or an approval certificate may appeal to the Secretary of State against the refusal of a vehicle examiner to issue the certificate.

(4) An appeal must be made within the prescribed time and in the prescribed manner.

(5) Regulations may make provision as to the procedure to be followed in connection with appeals.

(6) On the determination of an appeal, the Secretary of State may—

(a) confirm, vary or reverse the decision appealed against;

(b) give directions to the vehicle examiner for giving effect to the Secretary of State's decision.

(7) A power to make regulations under this section is exercisable by the Secretary of State.

Fees

180

(1) The Secretary of State may charge such fees, payable at such times, as are prescribed in respect of—

(a) applications for, and grants of, approval under section 177(1);

(b) applications for, and the issue of, accessibility certificates and approval certificates;

(d) reviews and appeals under section 179.

(2) Fees received by the Secretary of State must be paid into the Consolidated Fund.

(3) The power to make regulations under subsection (1) is exercisable by the Secretary of State.

(4) The regulations may make provision for the repayment of fees, in whole or in part, in such circumstances as are prescribed.

(5) Before making the regulations the Secretary of State must consult such representative organisations as the Secretary of State thinks fit.

Interpretation

181

In this Chapter—

“accessibility certificate” has the meaning given in section 176(1);

“approval certificate” has the meaning given in section 177(4);

“PSV accessibility regulations” has the meaning given in section 174(1);

“regulated public service vehicle” has the meaning given in section 174(3).

CHAPTER 2A — Bus services

Information for bus passengers

181A

(1) The Secretary of State may, for the purpose of facilitating travel by disabled persons, make regulations requiring operators of local services to make available information about a local service to persons travelling on the service.

(2) The regulations may make provision about—

(a) the descriptions of information that are to be made available;

(b) how information is to be made available.

(3) The regulations may, in particular, require an operator of a local service to make available information of a prescribed description about—

(a) the name or other designation of the local service;

(b) the direction of travel;

(d) diversions;

(e) connecting local services.

(4) The regulations may, in particular—

(a) specify when information of a prescribed description is to be made available;

(b) specify how information of a prescribed description is to be made available, including requiring information to be both announced and displayed;

(c) specify standards for the provision of information, including standards based on an announcement being audible or a display being visible to a person of a prescribed description in a prescribed location;

(d) specify forms of communication that are not to be regarded as satisfying a requirement to make information available.

(5) Regulations under this section may make different provision—

(a) as respects different descriptions of vehicle;

(b) as respects the same description of vehicle in different circumstances.

(6) Before making regulations under this section, the Secretary of State must consult—

(a) the Welsh Ministers;

(b) the Scottish Ministers.

Exemptions etc

181B

(1) The Secretary of State may by regulations make provision for securing that the provisions of regulations under section 181A do not apply or apply subject to such modifications or exceptions as the regulations may specify to—

(a) public service vehicles of a prescribed description;

(b) operators of a prescribed description;

(2) Regulations under subsection (1)(b) may, in particular, make provision by reference to an operator's size.

(3) Regulations under this section may also make provision for securing that the provisions of regulations under section 181A do not apply or apply subject to such modifications or exceptions as the regulations may specify to—

(a) a prescribed public service vehicle;

(b) public service vehicles of a prescribed operator;

(4) Regulations under subsection (1) or (3) may make the provision subject to such restrictions and conditions as are specified in the regulations.

(5) Regulations under subsection (1) or (3) may specify the period for which provisions of those regulations are to have effect.

(6) Regulations under subsection (1) may make different provision for different areas.

(7) Section 207(2) does not require regulations under this section that apply only to—

(a) a prescribed public service vehicle,

(b) public service vehicles of a prescribed operator, or

to be made by statutory instrument; but such regulations are as capable of being amended or revoked as regulations made by statutory instrument.

(8) Before making regulations under this section, the Secretary of State must consult—

(a) the Welsh Ministers;

(b) the Scottish Ministers.

Guidance

181C

(1) The Secretary of State must issue guidance about the duties imposed on operators of local services by regulations under section 181A.

(2) The Secretary of State—

(a) must review the guidance issued under subsection (1), at intervals not exceeding five years, and

(b) may revise it.

(3) Before issuing the guidance or revising it in a way which would, in the opinion of the Secretary of State, result in a substantial change to it, the Secretary of State must consult—

(a) the Welsh Ministers,

(b) the Scottish Ministers,

(d) such organisations representing disabled persons, including the Disabled Persons Transport Advisory Committee and the committee established under section 72 of the Transport (Scotland) Act 2001, as the Secretary of State thinks fit,

(e) such organisations representing operators of local services as the Secretary of State thinks fit, and

(f) such other persons as the Secretary of State thinks fit.

(4) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate.

Interpretation

181D

(1) In this Chapter—

“local service” has the same meaning as in the Transport Act 1985;

“public service vehicle” means a vehicle that is a public service vehicle for the purposes of the Public Passenger Vehicles Act 1981;

“stopping place” has the same meaning as in the Transport Act 1985.

(2) For the purposes of this Chapter, a local service (“service A”) is a connecting local service in relation to another local service (“service B”) if service A has a stopping place at, or in the vicinity of, a stopping place of service B.

(3) References in this Chapter to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the Transport Act 1985.

Chapter 3 — Rail vehicles

Rail vehicle accessibility regulations

182

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

(a) to get on to and off regulated rail vehicles in safety and without unreasonable difficulty;

(b) to do so while in wheelchairs;

(d) to do so while in wheelchairs.

(2) The regulations may, in particular, make provision as to the construction, use and maintenance of regulated rail vehicles including provision as to—

(a) the fitting of equipment to vehicles;

(b) equipment to be carried by vehicles;

(d) the use of equipment fitted to, or carried by, vehicles;

(e) the toilet facilities to be provided in vehicles;

(f) the location and floor area of the wheelchair accommodation to be provided in vehicles;

(g) assistance to be given to disabled persons.

(3) The regulations may contain different provision—

(a) as respects different classes or descriptions of rail vehicle;

(b) as respects the same class or description of rail vehicle in different circumstances;

(4) In this section—

“network” means any permanent way or other means of guiding or supporting rail vehicles, or any section of it;

“rail vehicle” means a vehicle constructed or adapted to carry passengers on a railway, tramway or prescribed system other than a vehicle used in the provision of a service for the carriage of passengers on the trans-European rail system located in Great Britain;

“regulated rail vehicle” means a rail vehicle to which provisions of rail vehicle accessibility regulations are expressed to apply.

(5) In subsection (4)—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“prescribed system” means a system using a mode of guided transport (“guided transport” having the same meaning as in the Transport and Works Act 1992) that is specified in rail vehicle accessibility regulations;

“railway” and “tramway” have the same meaning as in the Transport and Works Act 1992.

“trans-European rail system” has the meaning given in regulation 2(1) of the Railways (Interoperability) Regulations 2011

(6) The Secretary of State must exercise the power to make rail vehicle accessibility regulations so as to secure that on and after 1 January 2020 every rail vehicle is a regulated rail vehicle.

(7) Subsection (6) does not affect subsection (3), section 183(1) or section 207(4)(a).

(8) Before making regulations under subsection (1) or section 183, the Secretary of State must consult—

(a) the Disabled Persons Transport Advisory Committee, and

(b) such other representative organisations as the Secretary of State thinks fit.

Exemptions from rail vehicle accessibility regulations

183

(1) The Secretary of State may by order (an “exemption order”)—

(a) authorise the use for carriage of a regulated rail vehicle even though the vehicle does not conform with the provisions of rail vehicle accessibility regulations with which it is required to conform;

(b) authorise a regulated rail vehicle to be used for carriage otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which use of the vehicle is required to conform.

(2) Authority under subsection (1)(a) or (b) may be for—

(a) a regulated rail vehicle that is specified or of a specified description,

(b) use in specified circumstances of a regulated rail vehicle, or

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 make an exemption order subject to such conditions and restrictions as are specified.

(6) “Specified” means specified in an exemption order.

(7) Section 207(2) does not require an exemption order to be made by statutory instrument; but such an order is as capable of being amended or revoked as an order made by statutory instrument.

Procedure for making exemption orders

184

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual report on exemption orders

185

(1) After the end of each calendar year the Secretary of State must prepare a report on—

(a) the exercise in that year of the power to make orders under section 183(1);

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

(2) A report under subsection (1) must (in particular) contain—

(a) details of each order made under section 183(1) in the year in question;

(b) details of consultation carried out under section 183(4) in connection with orders made in that year under section 183(1).

(3) The Secretary of State must lay before Parliament each report prepared under this section.

Rail vehicle accessibility: compliance

186

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

187

(1) In this Chapter—

“rail vehicle” and “regulated rail vehicle” have the meaning given in section 182(4);

“rail vehicle accessibility regulations” has the meaning given in section 182(1).

(2) For the purposes of this Chapter a vehicle is used “for carriage” if it is used for the carriage of passengers.

Chapter 4 — Supplementary

Forgery, etc.

188

(1) In this section “relevant document” means—

(a) an exemption certificate issued under section 166, 169 or 171;

(b) a notice of a kind mentioned in section 166(3)(b), 169(4)(b) or 171(4)(b);

(d) an approval certificate (see section 177).

(2) A person commits an offence if, with intent to deceive, the person—

(a) forges, alters or uses a relevant document;

(b) lends a relevant document to another person;

(d) makes or has possession of a document which closely resembles a relevant document.

(3) A person guilty of an offence under subsection (2) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.

(4) A person commits an offence by knowingly making a false statement for the purpose of obtaining an accessibility certificate or an approval certificate.

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

Part 13 — Disability: miscellaneous

Reasonable adjustments

189

Schedule 21 (reasonable adjustments: supplementary) has effect.

Improvements to let dwelling houses

190

(1) This section applies in relation to a lease of a dwelling house if each of the following applies—

(a) the tenancy is not a protected tenancy, a statutory tenancy or a secure tenancy;

(aa) the tenancy is not a secure contract in relation to which the landlord is a local authority;

(b) the tenant or another person occupying or intending to occupy the premises is a disabled person;

(d) the tenant is entitled, with the consent of the landlord, to make improvements to the premises;

(e) the tenant applies to the landlord for consent to make a relevant improvement.

(2) Where the tenant applies in writing for the consent—

(a) if the landlord refuses to give consent, the landlord must give the tenant a written statement of the reason why the consent was withheld;

(b) if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been unreasonably withheld.

(3) If the landlord gives consent subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.

(4) If the landlord's consent is unreasonably withheld, it must be taken to have been given.

(5) On any question as to whether—

(a) consent was unreasonably withheld, or

(b) a condition imposed was unreasonable,

it is for the landlord to show that it was not.

(6) If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of the tenancy.

(7) An improvement to premises is a relevant improvement if, having regard to the disabled peron's disability, it is likely to facilitate that person's enjoyment of the premises.

(8) Subsections (2) to (7) apply only in so far as provision of a like nature is not made by the lease.

(9) In this section—

“improvement” means an alteration in or addition to the premises and includes—an addition to or alteration in the landlord's fittings and fixtures;an addition or alteration connected with the provision of services to the premises;the erection of a wireless or television aerial;carrying out external decoration;

“lease” includes a sub-lease or other tenancy, and “landlord” and “tenant” are to be construed accordingly;

“protected tenancy” has the same meaning as in section 1 of the Rent Act 1977;

“statutory tenancy” is to be construed in accordance with section 2 of that Act;

“secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act);

“secure tenancy” has the same meaning as in section 79 of the Housing Act 1985.

Part 14 — General exceptions

Statutory provisions

191

Schedule 22 (statutory provisions) has effect.

National security

192

A person does not contravene this Act only by doing, for the purpose of safeguarding national security, anything it is proportionate to do for that purpose.

Charities

193

(1) A person does not contravene this Act only by restricting the provision of benefits to persons who share a protected characteristic if—

(a) the person acts in pursuance of a charitable instrument, and

(b) the provision of the benefits is within subsection (2).

(2) The provision of benefits is within this subsection if it is—

(a) a proportionate means of achieving a legitimate aim, or

(b) for the purpose of preventing or compensating for a disadvantage linked to the protected characteristic.

(3) It is not a contravention of this Act for—

(a) a person who provides supported employment to treat persons who have the same disability or a disability of a prescribed description more favourably than those who do not have that disability or a disability of such a description in providing such employment;

(b) a Minister of the Crown to agree to arrangements for the provision of supported employment which will, or may, have that effect.

(4) If a charitable instrument enables the provision of benefits to persons of a class defined by reference to colour, it has effect for all purposes as if it enabled the provision of such benefits—

(a) to persons of the class which results if the reference to colour is ignored, or

(b) if the original class is defined by reference only to colour, to persons generally.

(5) It is not a contravention of this Act for a charity to require members, or persons wishing to become members, to make a statement which asserts or implies membership or acceptance of a religion or belief; and for this purpose restricting the access by members to a benefit, facility or service to those who make such a statement is to be treated as imposing such a requirement.

(6) Subsection (5) applies only if—

(a) the charity, or an organisation of which it is part, first imposed such a requirement before 18 May 2005, and

(b) the charity or organisation has not ceased since that date to impose such a requirement.

(7) It is not a contravention of section 29 for a person, in relation to an activity which is carried on for the purpose of promoting or supporting a charity, to restrict participation in the activity to persons of one sex.

(8) A charity regulator does not contravene this Act only by exercising a function in relation to a charity in a manner which the regulator thinks is expedient in the interests of the charity, having regard to the charitable instrument.

(9) Subsection (1) does not apply to a contravention of—

(a) section 39;

(b) section 40;

(d) section 55, so far as relating to the provision of vocational training.

(10) Subsection (9) does not apply in relation to disability.

Charities: supplementary

194

(1) This section applies for the purposes of section 193.

(2) That section does not apply to race, so far as relating to colour.

(3) “Charity”—

(a) in relation to England and Wales, has the meaning given by section 1(1) of the Charities Act 2011;

(b) in relation to Scotland, means a body entered in the Scottish Charity Register.

(4) “Charitable instrument” means an instrument establishing or governing a charity (including an instrument made or having effect before the commencement of this section).

(5) The charity regulators are—

(a) the Charity Commission for England and Wales;

(b) the Scottish Charity Regulator.

(6) Section 107(5) applies to references in subsection (5) of section 193 to members, or persons wishing to become members, of a charity.

(7) “Supported employment” means facilities provided, or in respect of which payments are made, under section 15 of the Disabled Persons (Employment) Act 1944.

Sport

195

(1) A person does not contravene this Act, so far as relating to sex, only by doing anything in relation to the participation of another as a competitor in a gender-affected activity.

(2) A person does not contravene section 29, 33, 34 or 35, so far as relating to gender reassignment, only by doing anything in relation to the participation of a transsexual person as a competitor in a gender-affected activity if it is necessary to do so to secure in relation to the activity—

(a) fair competition, or

(b) the safety of competitors.

(3) A gender-affected activity is a sport, game or other activity of a competitive nature in circumstances in which the physical strength, stamina or physique of average persons of one sex would put them at a disadvantage compared to average persons of the other sex as competitors in events involving the activity.

(4) In considering whether a sport, game or other activity is gender-affected in relation to children, it is appropriate to take account of the age and stage of development of children who are likely to be competitors.

(5) A person who does anything to which subsection (6) applies does not contravene this Act only because of the nationality or place of birth of another or because of the length of time the other has been resident in a particular area or place.

(6) This subsection applies to—

(a) selecting one or more persons to represent a country, place or area or a related association, in a sport or game or other activity of a competitive nature;

(b) doing anything in pursuance of the rules of a competition so far as relating to eligibility to compete in a sport or game or other such activity.

(7) A person does not contravene this Act, so far as relating to age discrimination, only by doing anything in relation to the participation of another as a competitor in an age-banded activity if it is necessary to do so—

(a) to secure in relation to the activity fair competition or the safety of competitors,

(b) to comply with the rules of a national or international competition, or

(8) For the purposes of subsection (7), an age-banded activity is a sport, game or other activity of a competitive nature in circumstances in which the physical or mental strength, agility, stamina, physique, mobility, maturity or manual dexterity of average persons of a particular age group would put them at a disadvantage compared to average persons of another age group as competitors in events involving the activity.

General

196

Schedule 23 (general exceptions) has effect.

Age

197

(1) A Minister of the Crown may by order amend this Act to provide that any of the following does not contravene this Act so far as relating to age—

(a) specified conduct;

(b) anything done for a specified purpose;

(2) Specified conduct is conduct—

(a) of a specified description,

(b) carried out in specified circumstances, or

(3) An order under this section may—

(a) confer on a Minister of the Crown or the Treasury a power to issue guidance about the operation of the order (including, in particular, guidance about the steps that may be taken by persons wishing to rely on an exception provided for by the order);

(b) require the Minister or the Treasury to carry out consultation before issuing guidance under a power conferred by virtue of paragraph (a);

(c) make provision (including provision to impose a requirement) that refers to guidance issued under a power conferred by virtue of paragraph (a).

(4) Guidance given by a Minister of the Crown or the Treasury in anticipation of the making of an order under this section is, on the making of the order, to be treated as if it has been issued in accordance with the order.

(5) For the purposes of satisfying a requirement imposed by virtue of subsection (3)(b), the Minister or the Treasury may rely on consultation carried out before the making of the order that imposes the requirement (including consultation carried out before the commencement of this section).

(6) Provision by virtue of subsection (3)(c) may, in particular, refer to provisions of the guidance that themselves refer to a document specified in the guidance.

(7) Guidance issued (or treated as issued) under a power conferred by virtue of subsection (3)(a) comes into force on such day as the person who issues the guidance may by order appoint; and an order under this subsection may include the text of the guidance or of extracts from it.

(8) This section is not affected by any provision of this Act which makes special provision in relation to age.

(9) The references to this Act in subsection (1) do not include references to—

(a) Part 5 (work);

(b) Chapter 2 of Part 6 (further and higher education).

Part 15 — Family property

Abolition of husband's duty to maintain wife

198

The rule of common law that a husband must maintain his wife is abolished.

Abolition of presumption of advancement

199

(1) The presumption of advancement (by which, for example, a husband is presumed to be making a gift to his wife if he transfers property to her, or purchases property in her name) is abolished.

(2) The abolition by subsection (1) of the presumption of advancement does not have effect in relation to—

(a) anything done before the commencement of this section, or

(b) anything done pursuant to any obligation incurred before the commencement of this section.

Amendment of Married Women's Property Act 1964

200

(1) In section 1 of the Married Women's Property Act 1964 (money and property derived from housekeeping allowance made by husband to be treated as belonging to husband and wife in equal shares)—

(a) for “the husband for” substitute “ either of them for ”, and

(b) for “the husband and the wife” substitute “ them ”.

(2) Accordingly, that Act may be cited as the Matrimonial Property Act 1964.

(3) The amendments made by this section do not have effect in relation to any allowance made before the commencement of this section.

Civil partners: housekeeping allowance

201

(1) After section 70 of the Civil Partnership Act 2004 insert—

(70A) Section 1 of the Matrimonial Property Act 1964 (money and property derived from housekeeping allowance to be treated as belonging to husband and wife in equal shares) applies in relation to— (a) money derived from any allowance made by a civil partner for the expenses of the civil partnership home or for similar purposes, and (b) any property acquired out of such money, as it applies in relation to money derived from any allowance made by a husband or wife for the expenses of the matrimonial home or for similar purposes, and any property acquired out of such money.

(2) The amendment made by this section does not have effect in relation to any allowance made before the commencement of this section.

Part 16 — General and miscellaneous

Civil partnerships

Civil partnerships on religious premises

202

(1) The Civil Partnership Act 2004 is amended as follows.

(2) Omit section 6(1)(b) and (2) (prohibition on use of religious premises for registration of civil partnership).

(3) In section 6A (power to approve premises for registration of civil partnership), after subsection (2), insert—

(2A) Regulations under this section may provide that premises approved for the registration of civil partnerships may differ from those premises approved for the registration of civil marriages. (2B) Provision by virtue of subsection (2)(b) may, in particular, provide that applications for approval of premises may only be made with the consent (whether general or specific) of a person specified, or a person of a description specified, in the provision. (2C) The power conferred by section 258(2), in its application to the power conferred by this section, includes in particular— (a) power to make provision in relation to religious premises that differs from provision in relation to other premises; (b) power to make different provision for different kinds of religious premises.

(4) In that section, after subsection (3), insert—

(3A) For the avoidance of doubt, nothing in this Act places an obligation on religious organisations to host civil partnerships if they do not wish to do so. (3B) “Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages. (3C) “Religious premises” means premises which— (a) are used solely or mainly for religious purposes, or (b) have been so used and have not subsequently been used solely or mainly for other purposes.

EU obligations

Harmonisation

203

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Harmonisation: procedure

204

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application

Crown application

205

(1) The following provisions of this Act bind the Crown—

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

(b) Part 3 (services and public functions), so far as relating to the exercise of public functions;

(2) Part 5 (work) binds the Crown as provided for by that Part.

(3) The remainder of this Act applies to Crown acts as it applies to acts done by a private person.

(4) For the purposes of subsection (3), an act is a Crown act if (and only if) it is done—

(a) by or on behalf of a member of the executive,

(b) by a statutory body acting on behalf of the Crown, or

(5) A statutory body or office is a body or office established by an enactment.

(6) The provisions of Parts 2 to 4 of the Crown Proceedings Act 1947 apply to proceedings against the Crown under this Act as they apply to proceedings in England and Wales which, as a result of section 23 of that Act, are treated for the purposes of Part 2 of that Act as civil proceedings by or against the Crown.

(7) The provisions of Part 5 of that Act apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which, as a result of that Part, are treated as civil proceedings by or against the Crown.

(8) But the proviso to section 44 of that Act (removal of proceedings from the sheriff to the Court of Session) does not apply to proceedings under this Act.

Information society services

206

Schedule 25 (information society services) has effect.

Subordinate legislation

Exercise of power

207

(1) A power to make an order or regulations under this Act is exercisable by a Minister of the Crown, unless there is express provision to the contrary.

(2) Orders, regulations or rules under this Act must be made by statutory instrument.

(3) Subsection (2) does not apply to—

(a) a transitional exemption order under Part 1 of Schedule 11,

(b) a transitional exemption order under Part 1 of Schedule 12, or

(4) Orders or regulations under this Act—

(a) may make different provision for different purposes;

(b) may include consequential, incidental, supplementary, transitional, transitory or saving provision.

(5) Nothing in section 163(4), 174(4) , 181A(5), 181B(6) or 182(3) affects the generality of the power under subsection (4)(a).

(6) The power under subsection (4)(b), in its application to section 37, 139A, 153, 154(2), 155(5), 197 or 216 or to paragraph 7(1) of Schedule 11 or paragraph 1(3) or 2(3) of Schedule 14, includes power to amend an enactment (including, in the case of section 139A, 197 or 216, this Act).

(7) In the case of section 216 (commencement), provision by virtue of subsection (4)(b) may be included in a separate order from the order that provides for the commencement to which the provision relates; and, for that purpose, it does not matter—

(a) whether the order providing for the commencement includes provision by virtue of subsection (4)(b);

(b) whether the commencement has taken place.

(8) A statutory instrument containing an Order in Council under section 82 (offshore work) is subject to annulment in pursuance of a resolution of either House of Parliament.

Ministers of the Crown, etc.

208

(1) This section applies where the power to make an order or regulations under this Act is exercisable by a Minister of the Crown or the Treasury.

(2) A statutory instrument containing (whether alone or with other provision) an order or regulations that amend this Act or another Act of Parliament, or an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales, is subject to the affirmative procedure.

(3) But a statutory instrument is not subject to the affirmative procedure by virtue of subsection (2) merely because it contains—

(a) an order under section 59 (local authority functions);

(b) an order under section 151 (power to amend list of public authorities for the purposes of the public sector equality duty) that provides for the omission of an entry where the authority concerned has ceased to exist or the variation of an entry where the authority concerned has changed its name;

(4) A statutory instrument containing (whether alone or with other provision) an order or regulations mentioned in subsection (5) is subject to the affirmative procedure.

(5) The orders and regulations referred to in subsection (4) are—

(a) regulations under section 30 (services: ships and hovercraft);

(b) regulations under section 78 (gender pay gap information);

(ba) regulations under section 78A (equality action plans);

(d) an order under section 105 (election candidates: expiry of provision);

(e) regulations under section 106 (election candidates: diversity information);

(ea) regulations under section 139A (equal pay audits);

(f) regulations under section 153 or 154(2) (public sector equality duty: powers to impose specific duties);

(fa) regulations under section 181A or 181B (information for bus passengers);

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) regulations under paragraph 9(3) of Schedule 20 (rail vehicle accessibility: determination of turnover for purposes of penalties).

(6) A statutory instrument that is not subject to the affirmative procedure by virtue of subsection (2) or (4) is subject to the negative procedure.

(7) But a statutory instrument is not subject to the negative procedure by virtue of subsection (6) merely because it contains—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an order under section 216 (commencement) that—

(i) does not amend an Act of Parliament, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales, and

(ii) is not made in reliance on section 207(7).

(8) If a statutory instrument is subject to the affirmative procedure, the order or regulations contained in it must not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(9) If a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of either House of Parliament.

(10) If a draft of a statutory instrument containing an order or regulations under section 2, 151, 153, 154(2) or 155(5) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

The Welsh Ministers

209

(1) This section applies where the power to make an order or regulations under this Act is exercisable by the Welsh Ministers.

(2) A statutory instrument containing (whether alone or with other provision) an order or regulations mentioned in subsection (3) is subject to the affirmative procedure.

(3) The orders and regulations referred to in subsection (2) are—

(a) regulations under section 2 (socio-economic inequalities);

(b) an order under section 151 (power to amend list of public authorities for the purposes of the public sector equality duty);

(d) regulations under section 155(5) that amend an Act of Parliament or an Act or Measure of the National Assembly for Wales (public sector equality duty: power to modify or remove specific duties);

(e) regulations under paragraph 6, 6A or 6F of Schedule 17 (tribunal procedure, case friends and capacity of parents and persons over compulsory school age).

(4) But a statutory instrument is not subject to the affirmative procedure by virtue of subsection (2) merely because it contains an order under section 151 that provides for—

(a) the omission of an entry where the authority concerned has ceased to exist, or

(b) the variation of an entry where the authority concerned has changed its name.

(5) A statutory instrument that is not subject to the affirmative procedure by virtue of subsection (2) is subject to the negative procedure.

(6) If a statutory instrument is subject to the affirmative procedure, the order or regulations contained in it must not be made unless a draft of the instrument is laid before and approved by a resolution of the National Assembly for Wales.

(7) If a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

The Scottish Ministers

210

(1) This section applies where the power to make an order, regulations or rules under this Act is exercisable by the Scottish Ministers.

(2) A statutory instrument containing (whether alone or with other provision) an order or regulations mentioned in subsection (3) is subject to the affirmative procedure.

(3) The orders and regulations referred to in subsection (2) are—

(a) regulations under section 2 (socio-economic inequalities);

(b) regulations under section 37 (power to make provision about adjustments to common parts in Scotland);

(c) an order under section 151 (power to amend list of public authorities for the purposes of the public sector equality duty);

(d) regulations under section 153 or 154(2) (public sector equality duty: powers to impose specific duties);

(e) regulations under section 155(5) that amend an Act of Parliament or an Act of the Scottish Parliament (public sector equality duty: power to modify or remove specific duties).

(4) But a statutory instrument is not subject to the affirmative procedure by virtue of subsection (2) merely because it contains an order under section 151 that provides for—

(a) the omission of an entry where the authority concerned has ceased to exist, or

(b) the variation of an entry where the authority concerned has changed its name.

(5) A statutory instrument that is not subject to the affirmative procedure by virtue of subsection (2) is subject to the negative procedure.

(6) If a statutory instrument is subject to the affirmative procedure, the order or regulations contained in it must not be made unless a draft of the instrument is laid before and approved by a resolution of the Scottish Parliament.

(7) If a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Amendments, etc.

Amendments, repeals and revocations

211

(1) Schedule 26 (amendments) has effect.

(2) Schedule 27 (repeals and revocations) has effect.

Interpretation

General interpretation

212

(1) In this Act—

“armed forces” means any of the naval, military or air forces of the Crown;

“the Commission” means the Commission for Equality and Human Rights;

“detriment” does not, subject to subsection (5), include conduct which amounts to harassment;

“the Education Acts” has the meaning given in section 578 of the Education Act 1996;

“employment” and related expressions are (subject to subsection (11)) to be read with section 83;

“enactment” means an enactment contained in—an Act of Parliament,an Act of the Scottish Parliament,an Act or Measure of the National Assembly for Wales, orsubordinate legislation;

“equality clause” means a sex equality clause or maternity equality clause;

“equality rule” means a sex equality rule or maternity equality rule;

“man” means a male of any age;

“maternity equality clause” has the meaning given in section 73;

“maternity equality rule” has the meaning given in section 75;

“non-discrimination rule” has the meaning given in section 61;

“occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993;

“parent” has the same meaning as in—the Education Act 1996 (in relation to England and Wales);the Education (Scotland) Act 1980 (in relation to Scotland);

“prescribed” means prescribed by regulations;

“profession” includes a vocation or occupation;

“sex equality clause” has the meaning given in section 66;

“sex equality rule” has the meaning given in section 67;

“subordinate legislation” means—subordinate legislation within the meaning of the Interpretation Act 1978, oran instrument made under an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales;

“substantial” means more than minor or trivial;

“trade” includes any business;

“woman” means a female of any age.

(2) A reference (however expressed) to an act includes a reference to an omission.

(3) A reference (however expressed) to an omission includes (unless there is express provision to the contrary) a reference to—

(a) a deliberate omission to do something;

(b) a refusal to do it;

(4) A reference (however expressed) to providing or affording access to a benefit, facility or service includes a reference to facilitating access to the benefit, facility or service.

(5) Where this Act disapplies a prohibition on harassment in relation to a specified protected characteristic, the disapplication does not prevent conduct relating to that characteristic from amounting to a detriment for the purposes of discrimination within section 13 because of that characteristic.

(6) A reference to occupation, in relation to premises, is a reference to lawful occupation.

(7) The following are members of the executive—

(a) a Minister of the Crown;

(b) a government department;

(d) any part of the Scottish Administration.

(8) A reference to a breach of an equality clause or rule is a reference to a breach of a term modified by, or included by virtue of, an equality clause or rule.

(9) A reference to a contravention of this Act does not include a reference to a breach of an equality clause or rule, unless there is express provision to the contrary.

(10) “Member”, in relation to an occupational pension scheme, means an active member, a deferred member or a pensioner member (within the meaning, in each case, given by section 124 of the Pensions Act 1995).

(11) “Employer”, “deferred member”, “pension credit member”, “pensionable service”, “pensioner member” and “trustees or managers” each have, in relation to an occupational pension scheme, the meaning given by section 124 of the Pensions Act 1995.

(12) A reference to the accrual of rights under an occupational pension scheme is to be construed in accordance with that section.

(13) Nothing in section 28, 32, 84, 90, 95 or 100 is to be regarded as an express exception.

References to maternity leave, etc.

213

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

(2) A reference to a woman on maternity leave is a reference to a woman on—

(a) compulsory maternity leave,

(b) ordinary maternity leave, or

(3) A reference to a woman on compulsory maternity leave is a reference to a woman absent from work because she satisfies the conditions prescribed for the purposes of section 72(1) of the Employment Rights Act 1996.

(4) A reference to a woman on ordinary maternity leave is a reference to a woman absent from work because she is exercising the right to ordinary maternity leave.

(5) A reference to the right to ordinary maternity leave is a reference to the right conferred by section 71(1) of the Employment Rights Act 1996.

(6) A reference to a woman on additional maternity leave is a reference to a woman absent from work because she is exercising the right to additional maternity leave.

(7) A reference to the right to additional maternity leave is a reference to the right conferred by section 73(1) of the Employment Rights Act 1996.

(8) “Additional maternity leave period” has the meaning given in section 73(2) of that Act.

Index of defined expressions

214

Schedule 28 lists the places where expressions used in this Act are defined or otherwise explained.

Final provisions

Money

215

There is to be paid out of money provided by Parliament any increase attributable to this Act in the expenses of a Minister of the Crown.

Commencement

216

(1) The following provisions come into force on the day on which this Act is passed—

(a) section 186(2) (rail vehicle accessibility: compliance);

(b) this Part (except sections 202 (civil partnerships on religious premises), 206 (information society services) and 211 (amendments, etc)).

(2) Part 15 (family property) comes into force on such day as the Lord Chancellor may by order appoint.

(3) Subject to subsections (4) and (6) , the other provisions of this Act come into force on such day as a Minister of the Crown may by order appoint.

(4) The following provisions of Part 1 (socio-economic inequalities) come into force on such day as the Scottish Ministers may by order appoint—

(a) section 1, so far as it applies to a relevant authority as defined by section 2(5);

(b) section 2, so far as it confers a power on the Scottish Ministers;

(5) The following do not apply to an order under subsection (4)—

(a) section 207(2) (see instead section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: powers exercisable by Scottish statutory instrument), and

(b) section 210.

(6) The following provisions of Part 1 come into force on such day as the Welsh Ministers may by order appoint—

(a) section 1, so far as it applies to a relevant authority as defined by section 2(6);

(b) section 2, so far as it confers a power on the Welsh Ministers;

(7) Section 209 does not apply to an order under subsection (6).

Extent

217

(1) This Act forms part of the law of England and Wales.

(2) This Act, apart from section 190 (improvements to let dwelling houses) and Part 15 (family property), forms part of the law of Scotland.

(3) Each of the following also forms part of the law of Northern Ireland—

(a) section 82 (offshore work);

(b) section 105(3) and (4) (expiry of Sex Discrimination (Election Candidates) Act 2002);

Short title

218

This Act may be cited as the Equality Act 2010.

SCHEDULE 1 — Disability: supplementary provision

Part 1 — Determination of disability

Impairment

1

Regulations may make provision for a condition of a prescribed description to be, or not to be, an impairment.

Long-term effects

2

(1) The effect of an impairment is long-term if—

(a) it has lasted for at least 12 months,

(b) it is likely to last for at least 12 months, or

(2) If an impairment ceases to have a substantial adverse effect on a person's ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur.

(3) For the purposes of sub-paragraph (2), the likelihood of an effect recurring is to be disregarded in such circumstances as may be prescribed.

(4) Regulations may prescribe circumstances in which, despite sub-paragraph (1), an effect is to be treated as being, or as not being, long-term.

Severe disfigurement

3

(1) An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities.

(2) Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect.

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