The Equality Act 2010 (Commencement No. 9) Order 2012

Made: 18th June 2012

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

Citation

1

This Order may be cited as the Equality Act 2010 (Commencement No. 9) Order 2012.

Provision coming into force

2

Section 197 of the Equality Act 2010 comes into force on the day after the day on which this Order is made.

Provisions coming into force on 1st October 2012

3

The following provisions of the Equality Act 2010 come into force on 1st October 2012—

• (a) sections 28 to 31, in so far as they are not already in force,

• (b) sections 100 to 105, in so far as they are not already in force,

• (c) section 107, in so far as it is not already in force,

• (d) Schedule 3, in so far as it is not already in force,

• (e) Schedule 16, in so far as it is not already in force,

• (f) Schedule 22, in so far as it applies to the protected characteristic of age, and

• (g) Schedule 23, in so far as it applies to the protected characteristic of age.

Signed

Theresa May — Secretary of State for the Home — Department — 18th June 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This is the ninth Commencement Order made under the Equality Act 2010 (c.15) (“the Act”). The Equality Act (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), 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)), the Equality Act 2010 (Commencement No. 5) Order 2011 (S.I. 2011/96 (C.5)), the Equality Act 2010 (Commencement No. 6) Order 2011 (S.I. 2011/1066 (C.43)), the Equality Act 2010 (Commencement No. 7) Order 2011 (S.I. 2011/1636 (C.62) and the Equality Act 2010 (Commencement No. 8) Order 2011 (S.I. 2011/2646 (C.94)) 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.

This Order brings section 197 into force on the day after it is made. This provides power for the Secretary of State to make an Order that provides for exceptions from the provisions of the Act in respect of the protected characteristic of age. It also brings into force on 1st October 2012 sections 28 to 31 (services and public functions) and sections 100 to 105 and section 107 (associations) of the Act in relation to the protected characteristic of age together with relevant elements in Schedules 3 and 16, Schedule 22 (statutory provisions) and Schedule 23 (general exceptions) in so far as they relate to the protected characteristic of age. Both Part 3 and Part 7 were brought into force for other protected characteristics on 1st October 2010.

Footnotes

[^f00001]: 2010 c.15.