Equality Act 2010
Educational appointments, etc: religious belief
3
- (1) A person does not contravene Part 5 (work) only by doing a relevant act in connection with the employment of another in a relevant position.
- (2) A relevant position is—
- (a) the head teacher or principal of an educational establishment;
- (b) the head, a fellow or other member of the academic staff of a college, or institution in the nature of a college, in a university;
- (c) a professorship of a university which is a canon professorship or one to which a canonry is annexed.
- (3) A relevant act is anything it is necessary to do to comply with—
- (a) a requirement of an instrument relating to the establishment that the head teacher or principal must be a member of a particular religious order;
- (b) a requirement of an instrument relating to the college or institution that the holder of the position must be a woman;
- (c) an Act or instrument in accordance with which the professorship is a canon professorship or one to which a canonry is annexed.
- (4) Sub-paragraph (3)(b) does not apply to an instrument taking effect on or after 16 January 1990 (the day on which section 5(3) of the Employment Act 1989 came into force).
- (5) A Minister of the Crown may by order provide that anything in sub-paragraphs (1) to (3) does not have effect in relation to—
- (a) a specified educational establishment or university;
- (b) a specified description of educational establishments.
- (6) An educational establishment is—
- (a) a school within the meaning of the Education Act 1996 or the Education (Scotland) Act 1980;
- (b) a college, or institution in the nature of a college, in a university;
- (c) an institution designated by order made, or having effect as if made, under section 129 of the Education Reform Act 1988;
- (ca) a registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017;
- (d) a college of further education within the meaning of section 36 of the Further and Higher Education (Scotland) Act 1992;
- (e) a university in Scotland;
- (f) an institution designated by order under section 28 of the Further and Higher Education Act 1992 or section 44 of the Further and Higher Education (Scotland) Act 1992.
- (7) This paragraph does not affect paragraph 2 of Schedule 9.
4
A person does not contravene this Act only by doing anything which is permitted for the purposes of—
- (a) section 58(6) or (7) of the School Standards and Framework Act 1998 (dismissal of teachers because of failure to give religious education efficiently);
- (b) section 60(4) and (5) of that Act (religious considerations relating to certain appointments);
- (c) section 124A of that Act (preference for certain teachers at independent schools of a religious character).
- (d) section 124AA(5) to (7) of that Act (religious considerations relating to certain teachers at Academies with religious character).
Crown employment, etc.
5
- (1) A person does not contravene this Act—
- (a) by making or continuing in force rules mentioned in sub-paragraph (2);
- (b) by publishing, displaying or implementing such rules;
- (c) by publishing the gist of such rules.
- (2) The rules are rules restricting to persons of particular birth, nationality, descent or residence—
- (a) employment in the service of the Crown;
- (b) employment by a prescribed public body;
- (c) holding a public office (within the meaning of section 50).
- (3) The power to make regulations for the purpose of sub-paragraph (2)(b) is exercisable by the Minister for the Civil Service.
- (4) In this paragraph “public body” means a body (whether corporate or unincorporated) exercising public functions (within the meaning given by section 31(4)).
SCHEDULE 23 — General exceptions
Acts authorised by statute or the executive
1
- (1) This paragraph applies to anything done—
- (a) in pursuance of an enactment;
- (b) in pursuance of an instrument made by a member of the executive under an enactment;
- (c) to comply with a requirement imposed (whether before or after the passing of this Act) by a member of the executive by virtue of an enactment;
- (d) in pursuance of arrangements made (whether before or after the passing of this Act) by or with the approval of, or for the time being approved by, a Minister of the Crown;
- (e) to comply with a condition imposed (whether before or after the passing of this Act) by a Minister of the Crown.
- (2) A person does not contravene Part 3, 4, 5 or 6 by doing anything to which this paragraph applies which discriminates against another because of the other's nationality.
- (3) A person (A) does not contravene Part 3, 4, 5 or 6 if, by doing anything to which this paragraph applies, A discriminates against another (B) by applying to B a provision, criterion or practice which relates to—
- (a) B's place of ordinary residence;
- (b) the length of time B has been present or resident in or outside the United Kingdom or an area within it.
Organisations relating to religion or belief
2
- (1) This paragraph applies to an organisation the purpose of which is—
- (a) to practise a religion or belief,
- (b) to advance a religion or belief,
- (c) to teach the practice or principles of a religion or belief,
- (d) to enable persons of a religion or belief to receive any benefit, or to engage in any activity, within the framework of that religion or belief, or
- (e) to foster or maintain good relations between persons of different religions or beliefs.
- (2) This paragraph does not apply to an organisation whose sole or main purpose is commercial.
- (3) The organisation does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by restricting—
- (a) membership of the organisation;
- (b) participation in activities undertaken by the organisation or on its behalf or under its auspices;
- (c) the provision of goods, facilities or services in the course of activities undertaken by the organisation or on its behalf or under its auspices;
- (d) the use or disposal of premises owned or controlled by the organisation.
- (4) A person does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by doing anything mentioned in sub-paragraph (3) on behalf of or under the auspices of the organisation.
- (5) A minister does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by restricting—
- (a) participation in activities carried on in the performance of the minister's functions in connection with or in respect of the organisation;
- (b) the provision of goods, facilities or services in the course of activities carried on in the performance of the minister's functions in connection with or in respect of the organisation.
- (6) Sub-paragraphs (3) to (5) permit a restriction relating to religion or belief only if it is imposed—
- (a) because of the purpose of the organisation, or
- (b) to avoid causing offence, on grounds of the religion or belief to which the organisation relates, to persons of that religion or belief.
- (7) Sub-paragraphs (3) to (5) permit a restriction relating to sexual orientation only if it is imposed—
- (a) because it is necessary to comply with the doctrine of the organisation, or
- (b) to avoid conflict with strongly held convictions within sub-paragraph (9).
- (8) In sub-paragraph (5), the reference to a minister is a reference to a minister of religion, or other person, who—
- (a) performs functions in connection with a religion or belief to which the organisation relates, and
- (b) holds an office or appointment in, or is accredited, approved or recognised for the purposes of the organisation.
- (9) The strongly held convictions are—
- (a) in the case of a religion, the strongly held religious convictions of a significant number of the religion's followers;
- (b) in the case of a belief, the strongly held convictions relating to the belief of a significant number of the belief's followers.
- (9A) An organisation does not contravene Part 3, 4 or 7 only by refusing to allow premises owned or controlled by the organisation to be used—
- (a) to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex;
- (aa) to solemnise a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other;
- (b) to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex or that it is between two persons of the opposite sex.
- (9B) A person (or a group of persons) does not contravene Part 3, 4 or 7 only by refusing to allow premises owned or controlled by the person (or the group) on behalf of an organisation to be used—
- (a) to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex;
- (aa) to solemnise a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other;
- (b) to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex or that it is between two persons of the opposite sex.
- (9C) An organisation does not contravene section 29 only by allowing an approved celebrant of the organisation to act as set out in sub-paragraph (1), (1A) or (2) of paragraph 25B of Schedule 3.
- (9D) In sub-paragraphs (9A) to (9C), “approved celebrant”, “relevant Scottish marriage” and “relevant Scottish civil partnership” have the same meaning as in paragraph 25B of Schedule 3.
- (10) This paragraph does not permit anything which is prohibited by section 29, so far as relating to sexual orientation, if it is done—
- (a) on behalf of a public authority, and
- (b) under the terms of a contract between the organisation and the public authority.
- (11) In the application of this paragraph in relation to sexual orientation, sub-paragraph (1)(e) must be ignored.
- (12) In the application of this paragraph in relation to sexual orientation, in sub-paragraph (3)(d), “disposal” does not include disposal of an interest in premises by way of sale if the interest being disposed of is—
- (a) the entirety of the organisation's interest in the premises, or
- (b) the entirety of the interest in respect of which the organisation has power of disposal.
- (13) In this paragraph—
- (a) “disposal” is to be construed in accordance with section 38;
- (b) “public authority” has the meaning given in section 150(1).
Communal accommodation
3
- (1) A person does not contravene this Act, so far as relating to sex discrimination or gender reassignment discrimination, only because of anything done in relation to—
- (a) the admission of persons to communal accommodation;
- (b) the provision of a benefit, facility or service linked to the accommodation.
- (2) Sub-paragraph (1)(a) does not apply unless the accommodation is managed in a way which is as fair as possible to both men and women.
- (3) In applying sub-paragraph (1)(a), account must be taken of—
- (a) whether and how far it is reasonable to expect that the accommodation should be altered or extended or that further accommodation should be provided, and
- (b) the frequency of the demand or need for use of the accommodation by persons of one sex as compared with those of the other.
- (4) In applying sub-paragraph (1)(a) in relation to gender reassignment, account must also be taken of whether and how far the conduct in question is a proportionate means of achieving a legitimate aim.
- (5) Communal accommodation is residential accommodation which includes dormitories or other shared sleeping accommodation which for reasons of privacy should be used only by persons of the same sex.
- (6) Communal accommodation may include—
- (a) shared sleeping accommodation for men and for women;
- (b) ordinary sleeping accommodation;
- (c) residential accommodation all or part of which should be used only by persons of the same sex because of the nature of the sanitary facilities serving the accommodation.
- (7) A benefit, facility or service is linked to communal accommodation if—
- (a) it cannot properly and effectively be provided except for those using the accommodation, and
- (b) a person could be refused use of the accommodation in reliance on sub-paragraph (1)(a).
- (8) This paragraph does not apply for the purposes of Part 5 (work) unless such arrangements as are reasonably practicable are made to compensate for—
- (a) in a case where sub-paragraph (1)(a) applies, the refusal of use of the accommodation;
- (b) in a case where sub-paragraph (1)(b) applies, the refusal of provision of the benefit, facility or service.
Training provided to non-... residents, etc.
4
- (1) A person (A) does not contravene this Act, so far as relating to nationality, only by providing a non-resident (B) with training, if A thinks that B does not intend to exercise in Great Britain skills B obtains as a result.
- (2) A non-resident is a person who is not ordinarily resident in Great Britain.
- (3) The reference to providing B with training is—
- (a) if A employs B in relevant employment, a reference to doing anything in or in connection with the employment;
- (b) if A as a principal allows B to do relevant contract work, a reference to doing anything in or in connection with allowing B to do the work;
- (c) in a case within paragraph (a) or (b) or any other case, a reference to affording B access to facilities for education or training or ancillary benefits.
- (4) Employment or contract work is relevant if its sole or main purpose is the provision of training in skills.
- (5) In the case of training provided by the armed forces or Secretary of State for purposes relating to defence, sub-paragraph (1) has effect as if—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) in sub-paragraph (4), for “its sole or main purpose is” there were substituted “ it is for purposes including ”.
- (6) “Contract work” and “principal” each have the meaning given in section 41.
SCHEDULE 24 — Harmonisation: exceptions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 25 — Information society services
Service providers
1
- (1) This paragraph applies where a person concerned with the provision of an information society service (an “information society service provider”) is established in Great Britain.
- (2) This Act applies to anything done by the person in an EEA state (other than the United Kingdom) in providing the service as this Act would apply if the act in question were done by the person in Great Britain.
2
- (1) This paragraph applies where an information society service provider is established in an EEA state (other than the United Kingdom).
- (2) This Act does not apply to anything done by the person in providing the service.
Exceptions for mere conduits
3
- (1) An information society service provider does not contravene this Act only by providing so much of an information society service as consists in—
- (a) the provision of access to a communication network, or
- (b) the transmission in a communication network of information provided by the recipient of the service.
- (2) But sub-paragraph (1) applies only if the service provider does not—
- (a) initiate the transmission,
- (b) select the recipient of the transmission, or
- (c) select or modify the information contained in the transmission.
- (3) For the purposes of sub-paragraph (1), the provision of access to a communication network, and the transmission of information in a communication network, includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
- (4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
Exception for caching
4
- (1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.
- (2) The information society service provider does not contravene this Act only by doing anything in connection with the automatic, intermediate and temporary storage of information so provided if—
- (a) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and
- (b) the condition in sub-paragraph (3) is satisfied.
- (3) The condition is that the service-provider—
- (a) does not modify the information,
- (b) complies with such conditions as are attached to having access to the information, and
- (c) (where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.
- (4) This sub-paragraph applies if the service-provider obtains actual knowledge that—
- (a) the information at the initial source of the transmission has been removed from the network,
- (b) access to it has been disabled, or
- (c) a court or administrative authority has required the removal from the network of, or the disablement of access to, the information.
Exception for hosting
5
- (1) An information society service provider does not contravene this Act only by doing anything in providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if—
- (a) the service provider had no actual knowledge when the information was provided that its provision amounted to a contravention of this Act, or
- (b) on obtaining actual knowledge that the provision of the information amounted to a contravention of that section, the service provider expeditiously removed the information or disabled access to it.
- (2) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority of the control of the service provider.
Monitoring obligations
6
An injunction or interdict under Part 1 of the Equality Act 2006 may not impose on a person concerned with the provision of a service of a description given in paragraph 3(1), 4(1) or 5(1)—
- (a) a liability the imposition of which would contravene Article 12, 13 or 14 of the E-Commerce Directive;
- (b) a general obligation of the description given in Article 15 of that Directive.
Interpretation
7
- (1) This paragraph applies for the purposes of this Schedule.
- (2) “Information society service”—
- (a) has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and
- (b) is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”.
- (3) “The E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
- (4) “Recipient” means a person who (whether for professional purposes or not) uses an information society service, in particular for seeking information or making it accessible.
- (5) An information society service-provider is “established” in a country or territory if the service-provider—
- (a) effectively pursues an economic activity using a fixed establishment in that country or territory for an indefinite period, and
- (b) is a national of an EEA state or a body mentioned in Article 54 of the Treaty on the Functioning of the European Union .
- (6) The presence or use in a particular place of equipment or other technical means of providing an information society service is not itself sufficient to constitute the establishment of a service-provider.
- (7) Where it cannot be decided from which of a number of establishments an information society service is provided, the service is to be regarded as provided from the establishment at the centre of the information society service provider's activities relating to that service.
- (8) Section 212(4) does not apply to references to providing a service.
SCHEDULE 26 — Amendments
Part 1 — Acts of Parliament
Disabled Persons (Employment) Act 1944
1
In section 15 of the Disabled Persons (Employment) Act 1944 (provision of employment for seriously disabled persons), in subsection (5A), for “the Disability Discrimination Act 1995” substitute “ the Equality Act 2010 ”.
Teaching Council (Scotland) Act 1965
2
In section 1(3) of the Teaching Council (Scotland) Act 1965, for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
Employment and Training Act 1973
3
In section 12(1) of the Employment and Training Act 1973 (duty of Secretary of State to give preference to ex-service men and women when exercising power to select disabled persons for employment, training, etc.), for “has the same meaning as in the Disability Discrimination Act 1995” substitute “ has the same meaning as in the Equality Act 2010 ”.
Estate Agents Act 1979
4
The Estate Agents Act 1979 is amended as follows.
5
In section 5(3) (supplementary provisions about prohibition and warning orders)—
- (a) for “section 62 of the Sex Discrimination Act 1975, section 53 of the Race Relations Act 1976” substitute “ section 113 of the Equality Act 2010 (proceedings) ”; and
- (b) omit “those Acts and”.
6
- (1) Schedule 1 (provisions supplementary to section 3(1)) is amended as follows.
- (2) For paragraph 2 substitute—
(2) (1) A person commits discrimination for the purposes of section 3(1)(b) in the following cases only. (2) The first case is where— (a) the person has been found to have contravened a relevant equality provision, and (b) no appeal against the finding is pending or can be brought. (3) The second case is where— (a) the person has been given an unlawful act notice under section 21 of the Equality Act 2006, (b) the notice specifies a relevant equality provision as the provision by virtue of which the act in question is unlawful, and (c) no appeal against the giving of the notice is pending or can be brought. (4) The third case is where— (a) the person is the subject of an injunction, interdict or order under section 24 of the Equality Act 2006 (unlawful acts), and (b) the unlawful act in question is a contravention of a relevant equality provision. (5) The relevant equality provisions are— (a) Parts 3 and 4 of the Equality Act 2010 (services and premises) so far as relating to discrimination and victimisation, and (b) section 112 of that Act (aiding contraventions) in relation to either of those Parts of that Act so far as relating to discrimination and victimisation.
- (3) In paragraph 3 for “discrimination” substitute “ a contravention of a relevant equality provision ”.
- (4) For paragraph 4 substitute—
(4) For the purposes of paragraphs 2 and 3 “discrimination” and “victimisation” have the same meaning as in the Equality Act 2010.
Civic Government (Scotland) Act 1982
7
- (1) Section 20 of the Civic Government (Scotland) Act 1982 (regulations relating to taxis and private hire cars and their drivers) is amended as follows.
- (2) In subsection (2A) for “section 1(2) of the Disability Discrimination Act 1995” substitute “ section 6 of the Equality Act 2010 ”.
- (3) In subsection (2AA) for “section 1(2) of the Disability Discrimination Act 1995 (c.50)” substitute “ section 6 of the Equality Act 2010 ”.
Housing (Scotland) Act 1987
8
In section 338(1) of the Housing (Scotland) Act 1987 (interpretation) in the definition of “disabled person” for “Disability Discrimination Act 1995 (c.50),” substitute “ Equality Act 2010, ”.
Local Government Act 1988
9
Part 2 of the Local Government Act 1988 (public supply or works contracts) is amended as follows.
10
In section 17 (local and other public authority contracts: exclusion of non-commercial considerations)—
- (a) omit subsection (9), and
- (b) after that subsection insert—
(10) This section does not prevent a public authority to which it applies from exercising any function regulated by this section with reference to a non-commercial matter to the extent that the authority considers it necessary or expedient to do so to enable or facilitate compliance with— (a) the duty imposed on it by section 149 of the Equality Act 2010 (public sector equality duty), or (b) any duty imposed on it by regulations under section 153 or 154 of that Act (powers to impose specific duties).
11
Omit section 18 (exceptions to section 17 relating to race relations matters).
12
In section 19 (provisions supplementary to or consequential on section 17) omit subsection (10).
Employment Act 1989
13
The Employment Act 1989 is amended as follows.
14
In section 8 (exemption for discrimination in favour of lone parents in connection with training), in subsection (2), for the words from “for the purposes of the 1975 Act” to the end substitute “for the purposes of the Equality Act 2010 as giving rise to any contravention of Part 5 of that Act, so far as relating to marriage and civil partnership discrimination (within the meaning of that Act).
15
- (1) Section 12 . . . (Sikhs: requirements as to safety helmets) is amended as follows.
- (2) In subsection (1), for “requirement or condition”, in the first three places, substitute “ provision, criterion or practice ”.
- (3) In that subsection, for the words from “section 1(1)(b)” to the end substitute “ section 19 of the Equality Act 2010 (indirect discrimination), the provision, criterion or practice is to be taken as one in relation to which the condition in subsection (2)(d) of that section (proportionate means of achieving a legitimate aim) is satisfied ”.
- (4) In subsection (2), for the words from “the Race Relations Act” to the end substitute “ section 13 of the Equality Act 2010 as giving rise to discrimination against any other person ”.
16
In section 28 (orders etc.), omit subsections (2), (3) and (4)(a).
17
In section 29(1) (interpretation), omit the definition of “the 1975 Act”.
Local Government and Housing Act 1989
18
In section 7(2) of the Local Government and Housing Act 1989 (requirement for appointments to be on merit to be subject to discrimination law)—
- (a) omit paragraphs (c), (d) and (f), and
- (b) at the end insert—
(g) sections 39, 40 and 49 to 51 of the Equality Act 2010 (employees and office-holders), so far as relating to disability, and Schedule 8 to that Act (reasonable adjustments for disabled persons) so far as it applies in relation to sections 39 and 49 to 51 of that Act; (h) paragraph 1 of Schedule 9 to that Act (occupational requirements), so far as relating to sex, pregnancy and maternity, marriage and civil partnership, gender reassignment or race.
Enterprise and New Towns (Scotland) Act 1990
19
The Enterprise and New Towns (Scotland) Act 1990 is amended as follows.
20
In section 2(4)(a) (functions in relation to training for employment etc.) for “section 3(1) of the Race Relations Act 1976” substitute “ section 9 of the Equality Act 2010 ”.
21
In section 16(2) (courses of training etc.: duty to give preference to certain categories) for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
22
For section 17 (encouragement of women, members of minority racial groups and disabled persons to take advantage of opportunities for certain work etc) substitute—
(17) (1) Scottish Enterprise and Highlands and Islands Enterprise shall each, in exercising its functions, promote such actings by any employer as are lawful by virtue of section 158 of the Equality Act 2010 (the “2010 Act”) (positive action: general) in relation to— (a) affording access to facilities for training, and (b) encouraging persons to take advantage of opportunities for taking up that employer's work. (2) This section applies to the protected characteristics of sex, race and disability within the meaning of the 2010 Act. (3) This section is without prejudice to paragraph (a) of section 2(4) of this Act or to any provision of the 2010 Act prohibiting discrimination within the meaning of that Act.
Further and Higher Education Act 1992
23
In section 62(7B) of the Further and Higher Education Act 1992 (higher education funding councils) for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
Trade Union and Labour Relations (Consolidation) Act 1992
24
- (1) Schedule A2 to the Trade Union and Labour Relations (Consolidation) Act 1992 (tribunal jurisdictions where failure by employer or employee to comply with applicable code of practice may affect the level of damages) is amended as follows.
- (2) Omit the entries relating to—
- (a) the Equal Pay Act 1970;
- (b) the Sex Discrimination Act 1975;
- (c) the Race Relations Act 1976;
- (d) the Disability Discrimination Act 1995;
- (e) the Employment Equality (Sexual Orientation) Regulations 2003;
- (f) the Employment Equality (Religion or Belief) Regulations 2003;
- (g) the Employment Equality (Age) Regulations 2006.
- (3) At the end of the entries relating to provisions of Acts, insert—
Trade Union Reform and Employment Rights Act 1993
25
In section 39(2) of the Trade Union Reform and Employment Rights Act 1993 (agreements not to take proceedings before employment tribunal) omit “the Sex Discrimination Act 1975, the Race Relations Act 1976, and”.
26
In Schedule 6 (compromise contracts) omit paragraphs 1 and 2.
Employment Tribunals Act 1996
27
The Employment Tribunals Act 1996 is amended as follows.
28
In section 5(2)(c) (remuneration, fees and allowances) for “2A(1)(b) of the Equal Pay Act 1970” substitute “ 131(2) of the Equality Act 2010 ”.
29
In section 7(3)(h) (employment tribunal procedure regulations) for “2A(1)(b) of the Equal Pay Act 1970” substitute “ 131(2) of the Equality Act 2010 ”.
30
In section 12(1) (restriction of publicity in disability cases) for “section 17A or 25(8) of the Disability Discrimination Act 1995” substitute “ section 120 of the Equality Act 2010, where the complaint relates to disability ”.
31
In section 18(1) (tribunal proceedings to which conciliation provisions apply)—
- (a) for paragraph (a) substitute—
(a) under section 120 or 127 of the Equality Act 2010,
, and
- (b) omit paragraphs (c), (k), (l) and (r).
32
In section 21(1) (Jurisdiction of appeal tribunal)—
- (a) omit paragraphs (a), (b), (c), (e),(l), (m) and (s); and.
- (b) at the end of the entries relating to provisions in Acts, insert—
(ge) the Equality Act 2010,
Employment Rights Act 1996
33
- (1) Section 126 of the Employment Rights Act 1996 (acts which are both unfair dismissal and discrimination) is amended as follows.
- (2) In subsection (1) for paragraph (b) substitute—
(b) the Equality Act 2010.
- (3) In subsection (2)—
- (a) for “any one of those Acts or Regulations” substitute “ either of those Acts ”, and
- (b) for “any other of them” substitute “ the other ”.
Housing Grants, Construction and Regeneration Act 1996
34
In section 126 of the Housing Grants, Construction and Regeneration Act 1996 (Secretary of State's power to give financial assistance etc), in subsection (3), in the definition of “racial group”, for “the Race Relations Act 1976” substitute “ section 9 of the Equality Act 2010 ”.
Education Act 1996
35
The Education Act 1996 is amended as follows.
36
- (1) Section 317 of the Education Act 1996 (duties of governing bodies etc in relation to pupils with special educational needs) is amended as follows.
- (2) In subsection (6)(b)(iv) for “section 28D of the Disability Discrimination Act 1995 (“the 1995 Act”)” substitute “ paragraph 3 of Schedule 10 to the Equality Act 2010 (“the 2010 Act”) ”.
- (3) For subsection (6A) substitute—
(6A) In subsection (6)(b) “disabled person” means a person who is a disabled person for the purposes of the 2010 Act; and section 89 (interpretation of Part 6) of, and paragraph 6 of Schedule 10 (supplementary provisions for Schedule 10) to, the 2010 Act apply for the purposes of subsection (6)(b) as they apply for the purposes of Part 6 of and Schedule 10 to that Act.
37
In section 336(4A) (tribunal procedure) for “claim under Chapter 1 of Part 4 of the Disability Discrimination Act 1995” substitute “ claim in relation to a contravention of Chapter 1 of Part 6 of the Equality Act 2010 so far as relating to disability. ”.
38
In section 509AC(5)(interpretation etc), in the definition of “disabled person”, for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
39
Omit section 583(5) (commencement etc: transitory provision relating to the Disability Discrimination Act 1995).
40
In Schedule 35B (meaning of eligible child etc), paragraph 15(4), for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
41
In Schedule 35C (school travel schemes), paragraph 14, in the definition of “disabled child”, for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
42
- (1) In Schedule 36A (education functions of local authorities) the table is amended as follows.
- (2) Omit the entries relating to the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995.
- (3) Insert at the end—
| Equality Act 2010 (c. 15) | |
|---|---|
| Section 29(7) in its application to a local authority's functions under the Education Acts | Duty to make reasonable adjustments for disabled persons. |
| Section 85(6) | Duty (as responsible body) to make reasonable adjustments for disabled pupils. |
| Section 92(6) | Duty (as responsible body) to make reasonable adjustments for disabled persons in further and higher education. |
| Section 93(6) | Duty (as responsible body) to make reasonable adjustments for disabled persons in the provision of recreational or training facilities. |
| paragraph 1 of Schedule 10 | Duty to prepare and implement accessibility strategy. |
| paragraph 3 of Schedule 10 | Duty (as responsible body) to prepare and implement an accessibility plan. |
Teaching and Higher Education Act 1998
43
In section 1(4) of the Teaching and Higher Education Act 1998 (the General Teaching Council for England) for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
School Standards and Framework Act 1998
44
The School Standards and Framework Act 1998 is amended as follows.
45
In Schedule 5, in paragraph 6 (adjudicators, procedure) for subparagraphs (a) to (c) substitute—
(a) section 71 of the Race Relations Act 1976, or (b) Parts 3 and 6 of the Equality Act 2010,
46
- (1) In Schedule 6, Part 5 (procedures for making transitional exemption orders in Wales) paragraph 22(4) is amended as follows.
- (2) For the definition of “the 1975 Act” substitute—
“the 2010 Act” means the Equality Act 2010,
- (3) In the definition of “the responsible body” for “section 22 of the 1975 Act” substitute “ section 85 of the 2010 Act ”.
- (4) In the definition of “transitional exemption order” for “section 27 of the 1975 Act” substitute “ paragraph 3 of Schedule 11 to the 2010 Act ”.
- (5) For “section 27(1) of the 1975 Act” substitute “ paragraph 3 of Schedule 11 to the 2010 Act ”.
47
- (1) In Schedule 7, in Part 6 (transitional exemption orders, interpretation) paragraph 16(6) is amended as follows.
- (2) For the definition of the 1975 Act substitute—
- “the 2010 Act” means the Equality Act 2010,
- (3) In the definition of “the responsible body” for “section 22 of the 1975 Act” substitute “ section 85 of the 2010 Act ”.
- (4) In the definition of “transitional exemption order” for “section 27 of the 1975 Act” substitute “ paragraph 3 of Schedule 11 to the 2010 Act ”.
- (5) For “section 27(1) of the 1975 Act” substitute “ paragraph 3 of Schedule 11 to the 2010 Act ”.
Transport Act 2000
48
In section 112(2) of the Transport Act 2000 (plans and strategies: supplementary) for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
Employment Act 2002
49
- (1) Schedule 5 to the Employment Act 2002 (tribunal jurisdiction) is amended as follows.
- (2) Omit the entries relating to—
- (a) the Equal Pay Act 1970;
- (b) the Sex Discrimination Act 1975;
- (c) the Race Relations Act 1976;
- (d) the Disability Discrimination Act 1995;
- (e) the Employment Equality (Sexual Orientation) Regulations 2003;
- (f) the Employment Equality (Religion or Belief) Regulations 2003;
- (g) the Employment Equality (Age) Regulations 2006.
- (3) At the end of the entries relating to provisions of Acts, insert—
Income Tax (Earnings and Pensions) Act 2003
50
The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
51
In section 439(4) (chargeable events) after “within the meaning of” insert “ the Equality Act 2010 in England and Wales and Scotland, or ”.
52
In section 477(5) (chargeable events) after “within the meaning of” insert “ the Equality Act 2010 in England and Wales and Scotland, or ”.
Communications Act 2003
53
The Communications Act 2003 is amended as follows.
54
In section 27(5) (training and equality of opportunity)—
- (a) in the definition of “disabled” after “meaning as in” insert “ the Equality Act 2010 or, in Northern Ireland, ”, and
- (b) in the definition of “racial group” for “Race Relations Act 1976 (c 74)” substitute “ Equality Act 2010 ”.
55
In section 337(9) (promotion of equal opportunities and training)—
- (a) in the definition of “disabled” after “meaning as in” insert “ the Equality Act 2010 or, in Northern Ireland, ”, and
- (b) in the definition of “racial group” for “Race Relations Act 1976 (c 74)” substitute “ Equality Act 2010 ”.
56
In Schedule 12, in paragraph 23(6) (obligations of the Welsh Authority in relation to equality of opportunity)—
- (a) in the definition of “disability” after “meaning as in” insert “ the Equality Act 2010 or, in Northern Ireland, ”, and
- (b) in the definition of “racial group” for “Race Relations Act 1976 (c 74)” substitute “ the Equality Act 2010 ”.
Finance Act 2004
57
The Finance Act 2004 is amended as follows.
58
In section 172A(5)(db) (surrender of pension benefits etc) for—
- (a) “the Employment Equality (Age) Regulations 2006 or” substitute “ Part 5 of the Equality Act 2010, so far as relating to age, or the ”, and
- (b) for “them” substitute “ those Regulations. ”.
59
In paragraphs 11D(2A) and (2B)(b), 12(2C)(d) and 14(3A) and (3D)(a) of Schedule 36 (pension schemes etc: transitional provisions and savings)—
- (a) for “the Employment Equality (Age) Regulations 2006, or” substitute “ Part 5 of the Equality Act 2010, so far as relating to age, or the ”, and
- (b) for “them” substitute “ those Regulations. ”.
Serious Organised Crime and Police Act 2005
60
Section 56 of the Serious Organised Crime and Police Act 2005 (the title to which becomes “Application of discrimination legislation to SOCA seconded staff: Northern Ireland”) is amended as follows—
- (a) in subsection (2), omit paragraphs (a) and (b); and
- (b) in subsection (4), omit paragraphs (a), (b), (g) and (h) and the “and” preceding each of paragraphs (g) and (h).
Equality Act 2006
61
The Equality Act 2006 is amended as follows.
62
- (1) Section 8 (equality and diversity) is amended as follows.
- (2) In subsection (1)—
- (a) in paragraph (d) for “equality enactments” substitute “ Equality Act 2010 ”, and
- (b) in paragraph (e) for “the equality enactments” substitute “ that Act ”.
- (3) In subsection (4) for “Disability Discrimination Act 1995 (c. 50)” substitute “ Equality Act 2010 ”.
63
In section 10(2) (meaning of group) for paragraph (d) substitute—
(d) gender reassignment (within the meaning of section 7 of the Equality Act 2010),
64
For section 11(3)(c) (interpretation) substitute—
(c) a reference to the equality and human rights enactments is a reference to the Human Rights Act 1998, this Act and the Equality Act 2010.
65
- (1) Section 14 (codes of practice) is amended as follows.
- (2) For subsection (1) substitute—
(1) The Commission may issue a code of practice in connection with any matter addressed by the Equality Act 2010.
- (3) In subsection (2)(a) for “a provision or enactment listed in subsection (1)” substitute “ the Equality Act 2010 or an enactment made under that Act ”.
- (4) In subsection (3)—
- (a) in paragraph (a) for “section 49G(7) of the Disability Discrimination Act 1995 (c. 50)” substitute “ section 190(7) of the Equality Act 2010 ”, and
- (b) for paragraph (c)(iv) substitute—
(iv) section 190 of the Equality Act 2010.
- (5) In subsection (5)(a) for “listed in subsection (1)” substitute “ a matter addressed by the Equality Act 2010 ”.
- (6) In subsection (9) for “section 76A” to “duties)” substitute “ section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty) ”.
66
In section 16(4) (inquiries: matters which the Commission may consider and report on) for “equality enactments” substitute “ Equality Act 2010 ”.
67
In section 21(2)(b) (unlawful act notice: specification of legislative provision) for “equality enactments” substitute “ Equality Act 2010 ”.
68
After section 24 insert—
(24A) (1) This section has effect in relation to— (a) an act which is unlawful because, by virtue of any of sections 13 to 18 of the Equality Act 2010, it amounts to a contravention of any of Parts 3, 4, 5, 6 or 7 of that Act, (b) an act which is unlawful because it amounts to a contravention of section 60(1) of that Act (or to a contravention of section 111 or 112 of that Act that relates to a contravention of section 60(1) of that Act) (enquiries about disability and health), (c) an act which is unlawful because it amounts to a contravention of section 106 of that Act (information about diversity in range of election candidates etc.), (d) an act which is unlawful because, by virtue of section 108(1) of that Act, it amounts to a contravention of any of Parts 3, 4, 5, 6 or 7 of that Act, or (e) the application of a provision, criterion or practice which, by virtue of section 19 of that Act, amounts to a contravention of that Act. (2) For the purposes of sections 20 to 24 of this Act, it is immaterial whether the Commission knows or suspects that a person has been or may be affected by the unlawful act or application. (3) For those purposes, an unlawful act includes making arrangements to act in a particular way which would, if applied to an individual, amount to a contravention mentioned in subsection (1)(a). (4) Nothing in this Act affects the entitlement of a person to bring proceedings under the Equality Act 2010 in respect of a contravention mentioned in subsection (1).
69
Omit section 25 (restraint of unlawful advertising etc.).
70
Omit section 26 (supplemental).
71
- (1) Section 27 (conciliation) is amended as follows.
- (2) For subsection (1) (disputes in relation to which the Commission may make arrangements for the provision of conciliation services) substitute—
(1) The Commission may make arrangements for the provision of conciliation services for disputes in respect of which proceedings have been or could be determined by virtue of section 114 of the Equality Act 2010.
72
- (1) Section 28 (legal assistance) is amended as follows.
- (2) In subsection (1)—
- (a) in paragraph (a) for “equality enactments” substitute “ Equality Act 2010 ”, and
- (b) in paragraph (b) for “the equality enactments” substitute “ that Act ”.
- (3) In subsection (5) for “Part V of the Disability Discrimination Act 1995 (c. 50) (public” substitute “ Part 12 of the Equality Act 2010 (disabled persons: ”.
- (4) In subsection (6)—
- (a) for “the equality enactments”, on the first occasion it appears, substitute “ the Equality Act 2010 ”, and
- (b) for “the equality enactments”, on each other occasion it appears, substitute “ that Act ”.
- (5) In subsection (7)—
- (a) in paragraph (a) for “equality enactments” substitute “ Equality Act 2010 ”, and
- (b) in paragraph (b) for “the equality enactments” substitute “ that Act ”.
- (6) In subsection (8) for “Part V of the Disability Discrimination Act 1995 (c. 50)” substitute “ Part 12 of the Equality Act 2010 ”.
- (7) In subsection (9) for “equality enactments” substitute “ Equality Act 2010 ”.
- (8) In subsection (12)—
- (a) for “A reference in” to “includes a reference” substitute “ This section applies ”, and
- (b) after paragraph (b) add “ as it applies to the Equality Act 2010. ”
73
For section 31(1) (duties in respect of which Commission may assess compliance) substitute—
(1) The Commission may assess the extent to which or the manner in which a person has complied with a duty under or by virtue of section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty).
74
- (1) Section 32 (public sector duties: compliance notice) is amended as follows.
- (2) For subsection (1) substitute—
(1) This section applies where the Commission thinks that a person has failed to comply with a duty under or by virtue of section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty).
- (3) In subsection (4) for “section 76A” to “Disability Discrimination Act 1995” substitute “ section 149 of the Equality Act 2010 ”.
- (4) In subsection (9)(a) for “section 76A” to “Disability Discrimination Act 1995 (c. 50)” substitute “ section 149 of the Equality Act 2010 ”.
- (5) In subsection (9)(b) for “in any other case” substitute “ where the notice related to a duty by virtue of section 153 or 154 of that Act ”.
- (6) In subsection (11) for “section 76B” to “Disability Discrimination Act 1995” substitute “ section 153 or 154 of the Equality Act 2010 ”.
75
Omit section 33 (equality and human rights enactments).
76
- (1) Section 34 (meaning of unlawful) is amended as follows.
- (2) In subsection (1) for “equality enactments” substitute “ Equality Act 2010 ”.
- (3) In subsection (2)—
- (a) after “virtue of” insert “ any of the following provisions of the Equality Act 2010 ”, and
- (b) for paragraphs (a) to (c) substitute—
(a) section 1 (public sector duty regarding socio-economic inequalities), (b) section 149, 153 or 154 (public sector equality duty), (c) Part 12 (disabled persons: transport), or (d) section 190 (disability: improvements to let dwelling houses).
77
- (1) Section 35 (general: definitions) is amended as follows.
- (2) In the definition of “religion or belief”, for “Part 2 (as defined by section 44)” substitute “ section 10 of the Equality Act 2010 ”.
- (3) For the definition of “sexual orientation” substitute—
“sexual orientation” has the same meaning as in section 12 of the Equality Act 2010.
78
In section 39(4) (orders subject to affirmative resolution procedure) for “, 27(10) or 33(3)” substitute “ or 27(10) ”.
79
Omit section 43 (transitional: rented housing in Scotland).
80
Omit Part 2 (discrimination on grounds of religion or belief).
81
Omit section 81 (regulations).
82
Omit Part 4 (public functions).
83
In section 94(3) (extent: Northern Ireland)—
- (a) omit “and 41 to 56”, and
- (b) omit “and the Disability Discrimination Act 1995 (c. 50)”.
84
- (1) Schedule 1 (the Commission: constitution, etc.) is amended as follows.
- (2) In paragraph 52(3)(a) for “Parts 1, 3, 4, 5 and 5B of the Disability Discrimination Act 1995 (c. 50)” substitute “ Parts 2, 3, 4, 6, 7, 12 and 13 of the Equality Act 2010, in so far as they relate to disability ”.
- (3) In paragraph 53 for “Part 2 of the Disability Discrimination Act 1995 (c. 50)” substitute “ Part 5 of the Equality Act 2010 ”.
- (4) In paragraph 54 for “Part 2 of the Disability Discrimination Act 1995” substitute “ Part 5 of the Equality Act 2010 ”.
85
In Schedule 3 (consequential amendments), omit paragraphs 6 to 35 and 41 to 56.
Immigration, Asylum and Nationality Act 2006
86
In section 23(1)(a) of the Immigration Asylum and Nationality Act 2006 (discrimination: code of practice) for “the Race Relations Act 1976 (c. 74)” substitute “ the Equality Act 2010, so far as relating to race ”.
Childcare Act 2006
87
The Childcare Act 2006 is amended as follows.
88
In section 6(6) (duty to secure sufficient childcare for working parents) in the definition of “disabled child” for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
89
In section 12(8) (duty to provide information, advice and assistance) for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
90
In section 22(6) (duty to secure sufficient childcare for working parents (Wales)) in the definition of “disabled child” for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
91
In section 27(8) (duty to provide information, advice and assistance (Wales)) for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
Education and Inspections Act 2006
92
The Education and Inspections Act 2006 is amended as follows.
93
In section 21(5) (proposals under section 19: procedure) for “section 27 of the Sex Discrimination Act 1975 (c. 65) (exception for single-sex establishments turning co-educational)” substitute “ paragraphs 3 and 4 of Schedule 11 to the Equality Act 2010 (single-sex schools turning co-educational) ”.
94
In section 91(7) (enforcement of disciplinary penalties) for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
Finance Act 2007
95
In paragraph 7(7) of Schedule 18 to the Finance Act 2007 (pension schemes: abolition of relief for life insurance premium contributions etc)—
- (a) for “Employment Equality (Age) Regulations 2006 (SI 2006/1031)” substitute “ Equality Act 2010, so far as relating to age, ”, and
- (b) for “them” substitute “ those Regulations ”.
UK Borders Act 2007
96
In section 48(2)(f) of the UK Borders Act 2007 (recommendations by Chief Inspector of UK Border Agency) for “section 19D of the Race Relations Act 1976 (c.74)” substitute “ paragraph 17 of Schedule 3 to the Equality Act 2010 ”.
Regulatory Enforcement and Sanctions Act 2008
97
The Regulatory Enforcement and Sanctions Act 2008 is amended as follows.
98
Insert after section 38(2) (meaning of “relevant offence”)—
(3) The entry in Schedule 6 for Part 5 of the Disability Discrimination Act 1995 is, in relation to England and Wales and Scotland, to be read as a reference to Part 12 of the Equality Act 2010.
99
In Schedule 3 (enactments specified for the purposes of the Part relating to LBRO) omit “Disability Discrimination Act 1995 (c. 50)”.
Apprenticeships, Skills, Children and Learning Act 2009
100
In section 218(3)(b) of the Apprenticeships, Skills, Children and Learning Act 2009 (arrangements etc to be made by Commission) for “section 1(1) of the Disability Discrimination Act 1995 (c.50)” substitute “ section 6 of the Equality Act 2010 ”.
Part 2 — Acts of the Scottish Parliament
Education (Disability Strategies and Pupils' Educational Records)(Scotland) Act 2002
101
In section 6 of the Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2002 (interpretation) in the definition of “pupil with a disability” for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
Freedom of Information (Scotland) Act 2002
102
The Freedom of Information (Scotland) Act 2002 is amended as follows.
103
In section 11(5) (means of providing information) for “provider of services has under or by virtue of section 21 of the Disability Discrimination Act 1995 (c. 50)” substitute “ person has under or by virtue of section 29 of the Equality Act 2010 (provision of services etc) ”.
104
In section 12(6) (excessive cost of compliance) for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
Dog Fouling (Scotland) Act 2003
105
In section 16 of the Dog Fouling (Scotland) Act 2003 (interpretation) in the definition of “disabled person” for “section 1 of the Disability Discrimination Act 1995 (c.50)” substitute “ section 6 of the Equality Act 2010 ”.
Education (Additional Support for Learning) (Scotland) Act 2004
106
Paragraph 3(1)(e) of schedule 2 to the Education (Additional Support for Learning) (Scotland) Act 2004 (exclusion to duty to comply with placing requests) is amended as follows—
- (a) for “section 26 of the Sex Discrimination Act 1975 (c.65))” substitute “ paragraph 1(2) of Part 1 of Schedule 11 to the Equality Act 2010 ”, and
- (b) for “section”, where it occurs for the second time, substitute, “ paragraph ”.
Housing (Scotland) Act 2006
106A
In section 194(1) of the Housing (Scotland) Act 2006 (interpretation), in the definition of “disabled person”, for “Disability Discrimination Act 1995 (c. 50)” substitute Equality Act 2010.
Education (Additional Support for Learning) (Scotland) Act 2009
107
In section 9 of the Education (Additional Support for Learning) (Scotland) Act 2009 (functions of education authority in relation to certain pre-school children etc), in the amendment to section 5(3)(c) of the Education (Additional Support for Learning) (Scotland) Act 2004, for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
SCHEDULE 27 — Repeals and revocations
Part 1 — Repeals
PART 1A — REPEALS RELATING TO THE COMMENCEMENT OF THE PUBLIC SECTOR EQUALITY DUTY ON 5TH APRIL 2011
| Short title | Extent of repeal |
|---|---|
| Race Relations (Amendment) Act 2000 | Section 2. |
| Schedule 1. | |
| In Schedule 2, paragraph 17. | |
| Nationality, Immigration and Asylum Act 2002 | Section 6(5). |
| Water Act 2003 | In Schedule 7, paragraph 22. |
| Courts Act 2003 | In Schedule 8, paragraph 187. |
| Health and Social Care (Community Health and Standards) Act 2003 | In Schedule 4, paragraphs 21 and 22. |
| Health Protection Agency Act 2004 | In Schedule 3, paragraph 8. |
| Energy Act 2004 | In Schedule 14, paragraph 4. |
| Fire and Rescue Services Act 2004 | In Schedule 1, paragraph 48. |
| Civil Contingencies Act 2004 | In Schedule 2, paragraph 10(3)(a). |
| Disability Discrimination Act 2005 | Section 3. |
| Serious Organised Crime and Police Act 2005 | In Schedule 4, paragraphs 33 to 35. |
| Education Act 2005 | In Schedule 14, paragraphs 6 and 8. |
| Gambling Act 2005 | In Schedule 16, paragraph 9. |
| London Olympic Games and Paralympic Games Act 2006 | In Schedule 1, paragraph 21. |
| Natural Environment and Rural Communities Act 2006 | In Schedule 11— |
| aparagraph 61, and | |
| bin paragraph 175(2), “in the Race Relations Act 1976 (c. 74), Part 2 of Schedule 1A;”. | |
| National Health Service (Consequential Provisions) Act 2006 | In Schedule 1, paragraphs 55 and 56. |
| Police and Justice Act 2006 | In Schedule 1, paragraph 60. |
| Tourist Boards (Scotland) Act 2006 | In Schedule 2, paragraph 3. |
| Tribunals, Courts and Enforcement Act 2007 | In Schedule 8, paragraph 7. |
| Offender Management Act 2007 | In Schedule 3, paragraphs 1 and 7. |
| Legal Services Act 2007 | In Schedule 21, paragraph 39. |
| Health and Social Care Act 2008 | In Schedule 5, paragraph 59. |
| In Schedule 10, paragraph 6. | |
| Housing and Regeneration Act 2008 | In Schedule 8, paragraph 21. |
| In Schedule 9, paragraph 4. | |
| Local Transport Act 2008 | In Schedule 4, paragraph 49. |
| Climate Change Act 2008 | In Schedule 1, paragraph 32. |
| Pensions Act 2008 | In Schedule 1, paragraph 25. |
| Local Democracy, Economic Development and Construction Act 2009 | In Schedule 6, paragraph 44. |
| Apprenticeships, Skills, Children and Learning Act 2009 | In Schedule 6, paragraph 1. |
| In Schedule 12, paragraph 7. | |
| Marine and Coastal Access Act 2009 | In Schedule 2, paragraph 4. |
| Policing and Crime Act 2009 | Section 2(3). |
Part 2 — Revocations
| Title | Extent of revocation |
|---|---|
| Occupational Pension Schemes (Equal Treatment) Regulations 1995 (S.I. 1995/3183) | The whole Regulations. |
| Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660) | The whole Regulations. |
| Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661) | The whole Regulations. |
| Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770) | The whole Regulations. |
| Occupational Pension Schemes (Equal Treatment) (Amendment) Regulations 2005 (S.I. 2005/1923) | The whole Regulations. |
| Employment Equality (Age) Regulations 2006 (S.I. 2006/1031) | The whole Regulations (other than Schedules 6 and 8). |
| Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263) | The whole Regulations. |
| Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963) | The whole Regulations. |
PART 3 — REVOCATIONS RELATING TO THE COMMENCEMENT OF THE PUBLIC SECTOR EQUALITY DUTY ON 5TH APRIL 2011
| Title | Extent of revocation |
|---|---|
| National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469) | In Schedule 1, paragraph 9. |
| Health Professions Order 2001 (Consequential Amendments) Order 2003 (S.I. 2003/1590) | In the Schedule, paragraph 4. |
| Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005 (S.I. 2005/2077) | Article 5. |
| Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172) | In the Schedule, paragraph 2. |
| References to Health Authorities Order 2007 (S.I. 2007/961) | In the Schedule, paragraph 12. |
| Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007 (S.I. 2007/1103) | In the Schedule, paragraph 3. |
| Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388) | In Schedule 1, paragraphs 10 to 16. |
| Agriculture and Horticulture Development Board Order 2008 (S.I. 2008/576) | In Schedule 5, paragraph 4. |
| Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080) | In Schedule 1, paragraphs 9 to 11. |
| Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) | In Schedule 2, in Part 2, paragraph 30. |
SCHEDULE 28 — Index of defined expressions
| Expression | Provision |
|---|---|
| Accrual of rights, in relation to an occupational pension scheme | Section 212(12) |
| Additional maternity leave | Section 213(6) and (7) |
| Additional maternity leave period | Section 213(8) |
| Age discrimination | Section 25(1) |
| Age group | Section 5(2) |
| Armed forces | Section 212(1) |
| Association | Section 107(2) |
| Auxiliary aid | Section 20(11) |
| Belief | Section 10(2) |
| Breach of an equality clause or rule | Section 212(8) |
| The Commission | Section 212(1) |
| Commonhold | Section 38(7) |
| Compulsory maternity leave | Section 213(3) |
| Contract work | Section 41(6) |
| Contract worker | Section 41(7) |
| Contravention of this Act | Section 212(9) |
| Crown employment | Section 83(9) |
| Detriment | Section 212(1) and (5) |
| Disability | Section 6(1) |
| Disability discrimination | Section 25(2) |
| Disabled person | Section 6(2) and (4) |
| Discrimination | Sections 13 to 19A, 21 and 108 |
| Disposal, in relation to premises | Section 38(3) to (5) |
| Education Acts | Section 212(1) |
| Employer, in relation to an occupational pension scheme | Section 212(11) |
| Employment | Section 212(1) |
| Enactment | Section 212(1) |
| Equality clause | Section 212(1) |
| Equality rule | Section 212(1) |
| Firm | Section 46(2) |
| Gender reassignment | Section 7(1) |
| Gender reassignment discrimination | Section 25(3) |
| Harassment | Section 26(1) |
| Independent educational institution | Section 89(7) |
| LLP | Section 46(4) |
| Man | Section 212(1) |
| Marriage and civil partnership | Section 8 |
| Marriage and civil partnership discrimination | Section 25(4) |
| Maternity equality clause | Section 212(1) |
| Maternity equality rule | Section 212(1) |
| Maternity leave | Section 213(2) |
| Member, in relation to an occupational pension scheme | Section 212(10) |
| Member of the executive | Section 212(7) |
| Non-discrimination rule | Section 212(1) |
| Occupation, in relation to premises | Section 212(6) |
| Occupational pension scheme | Section 212(1) |
| Offshore work | Section 82(3) |
| Ordinary maternity leave | Section 213(4) and (5) |
| Parent | Section 212(1) |
| Pension credit member | Section 212(11) |
| Pensionable service | Section 212(11) |
| Pensioner member | Section 212(11) |
| Personal office | Section 49(2) |
| Physical feature | Section 20(10) |
| Pregnancy and maternity discrimination | Section 25(5) |
| Premises | Section 38(2) |
| Prescribed | Section 212(1) |
| Profession | Section 212(1) |
| Proposed firm | Section 46(3) |
| Proposed LLP | Section 46(5) |
| Proprietor, in relation to a school | Section 89(4) |
| Protected characteristics | Section 4 |
| Protected period, in relation to pregnancy | Section 18(6) |
| Provision of a service | Sections 31 and 212(4) |
| Public function | Sections 31(4) and 150(5) |
| Public office | Sections 50(2) and 52(4) |
| Pupil | Section 89(3) |
| Race | Section 9(1) |
| Race discrimination | Section 25(6) |
| Reasonable adjustments, duty to make | Section 20 |
| Relevant member of the House of Commons staff | Section 83(5) |
| Relevant member of the House of Lords staff | Section 83(6) |
| Relevant person, in relation to a personal or public office | Section 52(6) |
| Religion | Section 10(1) |
| Religious or belief-related discrimination | Section 25(7) |
| Requirement, the first, second or third | Section 20 |
| Responsible body, in relation to a further or higher education institution | Section 91(12) |
| Responsible body, in relation to a school | Section 85(9) |
| School | Section 89(5) and (6) |
| Service-provider | Section 29(1) |
| Sex | Section 11 |
| Sex discrimination | Section 25(8) |
| Sex equality clause | Section 212(1) |
| Sex equality rule | Section 212(1) |
| Sexual orientation | Section 12(1) |
| Sexual orientation discrimination | Section 25(9) |
| Student | Section 94(3) |
| Subordinate legislation | Section 212(1) |
| Substantial | Section 212(1) |
| Taxi, for the purposes of Part 3 (services and public functions) | Schedule 2, paragraph 4 |
| Taxi, for the purposes of Chapter 1 of Part 12 (disabled persons: transport) | Section 173(1) |
| Tenancy | Section 38(6) |
| Trade | Section 212(1) |
| Transsexual person | Section 7(2) |
| Trustees or managers, in relation to an occupational pension scheme | Section 212(11) |
| University | Section 94(4) |
| Victimisation | Section 27(1) |
| Vocational training | Section 56(6) |
| Woman | Section 212(1) |
Editorial notes
[^c20305341]: S. 186 repealed (31.12.2010) by Equality Act 2010 (c. 15), ss. 186(2), 216 (with ss. 6(4), 205)
[^c21152011]: S. 216 power partly exercised; various dates appointed for specified provisions and purposes as follows: 6.7.2010 by {S. I. 2010/1736}, arts. 2, 3; 4.8.2010 by {S.I. 2010/1966}, arts. 2, 3; 3.9.2010 by {S.I. 2010/2191}, art. 2; 1.10.2010 and 18.3.2011 by {S.I. 2010/2317}, art. 2 (subject to arts. 3-25, as amended by {S.I. 2010/2337}, art. 2), art. 3; 18.1.2011 and 6.4.2011 by {S.I. 2011/96}, arts. 2, 3; 5.4.2011 by {S.I. 2011/1066}, art. 2; 11.7.2011 by {S.I. 2011/1636}, art. 2; 5.12.2011 by {S.I. 2011/2646}, art. 2; 19.6.2012 and 1.10.2012 by {S.I. 2012/1569}, arts. 2, 3; 1.9.2012 by {S.I. 2012/2184}, art. 2
[^c21152071]: S. 6 wholly in force; s. 6 not in force at Royal Assent see s. 216; s. 6(5) in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; s. 6(6) in force for certain purposes at 4.8.2010 by S.I. 2010/1966, art. 2; s. 6 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(b) (with art. 15)
[^c21152131]: S. 61 wholly in force; s. 61 not in force at Royal Assent see s. 216; s. 61(8)(9) in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; s. 61 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(b) (with art. 15)
[^c21152151]: S. 96 wholly in force; s. 96 not in force at Royal Assent see s. 216; s. 96(10)(11) in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; s. 96(9)(b) in force for certain purposes at 3.9.2010 by S.I. 2010/2191, art. 2; s. 96 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(6)(d) (with art. 15)
[^c21152161]: S. 117 wholly in force; s. 117 not in force at Royal Assent see s. 216; s. 117(1)-(4) in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; s. 117 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(9)(e) (with art. 15, and subject to transitional provision in art. 7)
[^c21152711]: S. 147 wholly in force at 1.10.2010; s. 147 not in force at Royal Assent see s. 216; s. 147(4) in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; s. 147 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(10)(b) (with art. 15)
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