The Equality Act 2010 (Commencement No. 6) Order 2011

Made: 4th April 2011

The Secretary of State, in exercise of the powers conferred by section 216(3) of the Equality Act 2010[^f00001], makes the following Order:

Citation and interpretation

1

This Order may be cited as the Equality Act 2010 (Commencement No. 6) Order 2011.

Provisions coming into force on 5th April 2011

2

The following provisions of the Equality Act 2010 come into force on 5th April 2011—

• (a) section 149;

• (b) section 150 in so far as it is not already in force;

• (c) section 156;

• (d) section 211(1) in so far as it relates to the provisions specified in paragraph (g);

• (e) section 211(2) in so far as it relates to the provisions specified in paragraph (h);

• (f) Schedule 18[^f00002];

• (g) in Schedule 26[^f00003]—

• (i) paragraphs 9 to 12;

• (ii) paragraph 65(6);

• (iii) paragraphs 73 and 74;

• (iv) paragraph 76 in so far as it relates to section 34(2)(b) of the Equality Act 2006[^f00004], as substituted by sub-paragraph (3)(b) of that paragraph;

• (v) paragraph 82 in so far as it is not already in force;

• (vi) paragraph 106A[^f00005]; and

• (h) Schedule 27[^f00006] in so far as it is not already in force and except so far as it repeals sections 55 and 56 of the Local Transport Act 2008[^f00007].

Signed

Theresa May — Secretary of State for the Home Department — 4th April 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This is the sixth Commencement Order made under the Equality Act 2010 (c. 15) (“the Act”). The Equality Act 2010 (Commencement No. 1) Order 2010 (S.I. 2010/1736 (C. 91)), the Equality Act 2010 (Commencement No. 2) Order 2010 (S.I. 2010/1966 (C. 104)), the Equality Act 2010 (Commencement No. 3) Order 2010 (S.I. 2010/2191 (C. 109)) and the Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (S.I. 2010/2317 (C. 112)), as amended by the Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (Amendment) Order 2010 (S.I. 2010/2337 (C. 113)), brought into force most of the provisions of the Act. The fourth Commencement Order (as amended) also set out savings, consequential, transitional, transitory and incidental provisions and a revocation in relation to existing legislation which were required as a result of the repeal and revocation of previous discrimination legislation and its replacement by the Act. The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279) amended the Act, including by adding new provisions into the Act and renumbering existing provisions, some of which are brought into force by this Order. The Equality Act 2010 (Commencement No. 5) Order 2011 (S.I. 2011/96 (C. 5)) brought into force enabling powers relating to the public sector equality duty and a provision concerning positive action in relation to recruitment and promotion.

This Order brings into force various provisions of the Act that were not brought into force by the earlier Commencement Orders and a provision (paragraph 106A of Schedule 26) inserted into the Act by the Equalities Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011. These provisions relate to the public sector equality duty and repeals and amendments consequential on the commencement of that duty.

Article 2 sets out the various provisions of the Act which come into force on 5th April 2011. These include section 149 (public sector equality duty), Schedule 18 (exceptions to the public sector equality duty) and provisions repealing the previous statutory duties relating to sex, race and disability in the Sex Discrimination Act [1975 (c. 65)](https://www.legislation.gov.uk/ukpga/1975/65), the Race Relations Act [1976 (c. 74)](https://www.legislation.gov.uk/ukpga/1976/74) and the Disability Discrimination Act [1995 (c. 50)](https://www.legislation.gov.uk/ukpga/1995/50) respectively.

Footnotes

[^f00001]: 2010 c.15.

[^f00002]: Schedule 18 was amended by S.I. 2010/2279.

[^f00003]: Schedule 26 was amended by S.I. 2010/2279 and the paragraphs as referred to are as renumbered.

[^f00004]: 2006 c.3.

[^f00005]: Paragraph 106A was inserted by S.I. 2011/1060.

[^f00006]: Schedule 27 was amended by S.I. 2010/2279 and by S.I. 2011/1060.

[^f00007]: 2008 c.26.