Equality Act 2010 (Chapter 15)

Section 151(1) The Commission

Section 151(1), so far as relating to a relevant The Welsh Ministers Welsh authority

Section 151(1), so far as relating to a relevant The Scottish Ministers Scottish authority

Section 151(5) The Commission

Section 151(5), so far as relating to a cross- The Welsh Ministers border Welsh authority

Section 151(5), so far as relating to a cross- The Scottish Ministers border Scottish authority (2) Before making an order under section 151(2), the Welsh Ministers must [F128consult the Commission, and after making such an order they must inform a Minister of the Crown.] (3) Before making an order under section 151(3), the Scottish Ministers must [F129consult the Commission, and after making such an order they must inform a Minister of the Crown.] Textual Amendments F127 Words in s. 152 heading omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), ss. 44(2)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(i) F128 Words in s. 152(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 44(2)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(i) F129 Words in s. 152(3) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 37(7), 72(7) 153 Power to impose specific duties (1) A Minister of the Crown may by regulations impose duties on a public authority specified in Part 1 of Schedule 19 for the purpose of enabling the better performance by the authority of the duty imposed by section 149(1). (2) The Welsh Ministers may by regulations impose duties on a public authority specified in Part 2 of Schedule 19 for that purpose. Equality Act 2010 (c. 15) 121 Part 11 – Advancement of equality Chapter 1 – Public sector equality duty Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) The Scottish Ministers may by regulations impose duties on a public authority specified in Part 3 of Schedule 19 for that purpose. (4) Before making regulations under this section, the person making them must consult the Commission. 154 Power to impose specific duties: cross-border authorities (1) If a Minister of the Crown exercises the power in section 151(5) to add an entry for a public authority to Part 4 of Schedule 19, the Minister must include after the entry a letter specified in the first column of the Table in subsection (3). (2) Where a letter specified in the first column of the Table in subsection (3) is included after an entry for a public authority in Part 4 of Schedule 19, the person specified in the second column of the Table— (a) may by regulations impose duties on the authority for the purpose of enabling the better performance by the authority of the duty imposed by section 149(1), subject to such limitations as are specified in that column; (b) must in making the regulations comply with the procedural requirement specified in that column. (3) This is the Table— Letter Person by whom regulations may be made and procedural requirements A Regulations may be made by a Minister of the Crown in relation to the authority's functions that are not devolved Welsh functions. The Minister of the Crown must consult the Welsh Ministers before making the regulations. Regulations may be made by the Welsh Ministers in relation to the authority's devolved Welsh functions. [F130The Welsh Ministers must inform a Minister of the Crown after] making the regulations. B Regulations may be made by a Minister of the Crown in relation to the authority's functions that are not devolved Scottish functions. The Minister of the Crown must consult the Scottish Ministers before making the regulations. Regulations may be made by the Scottish Ministers in relation to the authority's devolved Scottish functions. [F131The Scottish Ministers must inform a Minister of the Crown after] making the regulations. C Regulations may be made by a Minister of the Crown in relation to the authority's functions that are neither devolved Welsh functions nor devolved Scottish functions. The Minister of the Crown must consult the Welsh Ministers and the Scottish Ministers before making the regulations. 122 Equality Act 2010 (c. 15) Part 11 – Advancement of equality Chapter 1 – Public sector equality duty Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Regulations may be made by the Welsh Ministers in relation to the authority's devolved Welsh functions. [F130The Welsh Ministers must inform a Minister of the Crown after] making the regulations. Regulations may be made by the Scottish Ministers in relation to the authority's devolved Scottish functions. [F131The Scottish Ministers must inform a Minister of the Crown after] making the regulations. D The regulations may be made by a Minister of the Crown. The Minister of the Crown must consult the Welsh Ministers before making the regulations. (4) Before making regulations under subsection (2), the person making them must consult the Commission. Textual Amendments F130 Words in s. 154(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 44(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(i) F131 Words in s. 154(3) table substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 37(8), 72(7) 155 Power to impose specific duties: supplementary (1) Regulations under section 153 or 154 may require a public authority to consider such matters as may be specified from time to time by— (a) a Minister of the Crown, where the regulations are made by a Minister of the Crown; (b) the Welsh Ministers, where the regulations are made by the Welsh Ministers; (c) the Scottish Ministers, where the regulations are made by the Scottish Ministers. (2) Regulations under section 153 or 154 may impose duties on a public authority that is a contracting authority within the meaning of the [F132Public Contracts Regulations] in connection with its public procurement functions. (3) In subsection (2)— [F133“Public Contracts Regulations” means the Public Contracts Regulations 2015 (S.I. 2015/102) or, in Scotland, the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), as amended from time to time; “public procurement functions” means functions the exercise of which is regulated by Part 2 of the Public Contracts Regulations 2015 (S.I. 2015/102) or by the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), as amended from time to time.] (4) Subsections (1) and (2) do not affect the generality of section 153 or 154(2)(a). (5) A duty imposed on a public authority under section 153 or 154 may be modified or removed by regulations made by— Equality Act 2010 (c. 15) 123 Part 11 – Advancement of equality Chapter 1 – Public sector equality duty Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) a Minister of the Crown, where the original duty was imposed by regulations made by a Minister of the Crown; (b) the Welsh Ministers, where the original duty was imposed by regulations made by the Welsh Ministers; (c) the Scottish Ministers, where the original duty was imposed by regulations made by the Scottish Ministers. Textual Amendments F132 Words in s. 155(2) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 4(2)(a) (with Sch. para. 3, 4) F133 Words in s. 155(3) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 4(2)(b) (with Sch. para. 3, 4) 156 Enforcement A failure in respect of a performance of a duty imposed by or under this Chapter does not confer a cause of action at private law. 157 Interpretation (1) This section applies for the purposes of this Chapter. F134 [ (2) A relevant Welsh authority is a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006) other than the Assembly Commission.] (3) A cross-border Welsh authority is a person other than a relevant Welsh authority (or the Assembly Commission) who has any function that— (a) is exercisable in or as regards Wales, and (b) is a devolved Welsh function. (4) The Assembly Commission has the same meaning as in the Government of Wales Act 2006. [F135(5) A function is a devolved Welsh function if— (a) it relates to a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or (b) provision conferring the function would be within the legislative competence of the National Assembly for Wales.] (6) A relevant Scottish authority is a public body, public office or holder of a public office— (a) which is not a cross-border Scottish authority or the Scottish Parliamentary Corporate Body, (b) whose functions are exercisable only in or as regards Scotland, and (c) at least some of whose functions do not relate to reserved matters. (7) A cross-border Scottish authority is a cross-border public authority within the meaning given by section 88(5) of the Scotland Act 1998. 124 Equality Act 2010 (c. 15) Part 11 – Advancement of equality Chapter 2 – Positive action Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (8) A function is a devolved Scottish function if it— (a) is exercisable in or as regards Scotland, and (b) does not relate to reserved matters. (9) Reserved matters has the same meaning as in the Scotland Act 1998. Textual Amendments F134 S. 157(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 84(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r) F135 S. 157(5) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 84(3) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r) CHAPTER 2 POSITIVE ACTION 158 Positive action: general (1) This section applies if a person (P) reasonably thinks that— (a) persons who share a protected characteristic suffer a disadvantage connected to the characteristic, (b) persons who share a protected characteristic have needs that are different from the needs of persons who do not share it, or (c) participation in an activity by persons who share a protected characteristic is disproportionately low. (2) This Act does not prohibit P from taking any action which is a proportionate means of achieving the aim of— (a) enabling or encouraging persons who share the protected characteristic to overcome or minimise that disadvantage, (b) meeting those needs, or (c) enabling or encouraging persons who share the protected characteristic to participate in that activity. (3) Regulations may specify action, or descriptions of action, to which subsection (2) does not apply. (4) This section does not apply to— (a) action within section 159(3), or (b) anything that is permitted by virtue of section 104. (5) If section 104(7) is repealed by virtue of section 105, this section will not apply to anything that would have been so permitted but for the repeal. (6) This section does not enable P to do anything that is prohibited by or under an enactment other than this Act. Equality Act 2010 (c. 15) 125 Part 11 – Advancement of equality Chapter 2 – Positive action Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Modifications etc. (not altering text) C15 S. 158 excluded (S.) (29.5.2020) by Gender Representation on Public Boards (Scotland) Act 2018 (asp 4), ss. 11(1), 13; S.S.I. 2020/119, reg. 2 159 Positive action: recruitment and promotion (1) This section applies if a person (P) reasonably thinks that— (a) persons who share a protected characteristic suffer a disadvantage connected to the characteristic, or (b) participation in an activity by persons who share a protected characteristic is disproportionately low. (2) Part 5 (work) does not prohibit P from taking action within subsection (3) with the aim of enabling or encouraging persons who share the protected characteristic to— (a) overcome or minimise that disadvantage, or (b) participate in that activity. (3) That action is treating a person (A) more favourably in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not. (4) But subsection (2) applies only if— (a) A is as qualified as B to be recruited or promoted, (b) P does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it, and (c) taking the action in question is a proportionate means of achieving the aim referred to in subsection (2). (5) “Recruitment” means a process for deciding whether to— (a) offer employment to a person, (b) make contract work available to a contract worker, (c) offer a person a position as a partner in a firm or proposed firm, (d) offer a person a position as a member of an LLP or proposed LLP, (e) offer a person a pupillage or tenancy in barristers' chambers, (f) take a person as an advocate's devil or offer a person membership of an advocate's stable, (g) offer a person an appointment to a personal office, (h) offer a person an appointment to a public office, recommend a person for such an appointment or approve a person's appointment to a public office, or (i) offer a person a service for finding employment. (6) This section does not enable P to do anything that is prohibited by or under an enactment other than this Act. Modifications etc. (not altering text) C16 S. 159 excluded by 2005 c. 4, s. 27(5A)(a) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g)) 126 Equality Act 2010 (c. 15) Part 12 – Disabled persons: transport Chapter 1 – Taxis, etc. Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes C17 S. 159 excluded (S.) (29.5.2020) by Gender Representation on Public Boards (Scotland) Act 2018 (asp 4), ss. 11(1), 13; S.S.I. 2020/119, reg. 2 Commencement Information I63 S. 159 wholly in force at 6.4.2011; s. 159 not in force at Royal Assent see s. 216; s. 159(3) in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(11)(b) (with art. 15); s. 159 in force so far as not already in force at 6.4.2011 by S.I. 2011/96, art. 3 PART 12 DISABLED PERSONS: TRANSPORT CHAPTER 1 TAXIS, ETC. PROSPECTIVE 160 Taxi accessibility regulations (1) The Secretary of State may make regulations (in this Chapter referred to as “taxi accessibility regulations”) for securing that it is possible for disabled persons— (a) to get into and out of taxis in safety; (b) to do so while in wheelchairs; (c) to travel in taxis in safety and reasonable comfort; (d) to do so while in wheelchairs. (2) The regulations may, in particular, require a regulated taxi to conform with provision as to— (a) the size of a door opening for the use of passengers; (b) the floor area of the passenger compartment; (c) the amount of headroom in the passenger compartment; (d) the fitting of restraining devices designed to ensure the stability of a wheelchair while the taxi is moving. (3) The regulations may also— (a) require the driver of a regulated taxi which is plying for hire, or which has been hired, to comply with provisions as to the carrying of ramps or other devices designed to facilitate the loading and unloading of wheelchairs; (b) require the driver of a regulated taxi in which a disabled person is being carried while in a wheelchair to comply with provisions as to the position in which the wheelchair is to be secured. (4) The driver of a regulated taxi which is plying for hire or has been hired commits an offence— (a) by failing to comply with a requirement of the regulations, or (b) if the taxi fails to conform with any provision of the regulations with which it is required to conform. Equality Act 2010 (c. 15) 127 Part 12 – Disabled persons: transport Chapter 1 – Taxis, etc. Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (6) In this section— “passenger compartment” has such meaning as is specified in taxi accessibility regulations; “regulated taxi” means a taxi to which taxi accessibility regulations are expressed to apply. 161 Control of numbers of licensed taxis: exception (1) This section applies if— (a) an application for a licence in respect of a vehicle is made under section 37 of the Town Police Clauses Act 1847, (b) it is possible for a disabled person— (i) to get into and out of the vehicle in safety, (ii) to travel in the vehicle in safety and reasonable comfort, and (iii) to do the things mentioned in sub-paragraphs (i) and (ii) while in a wheelchair of a size prescribed by the Secretary of State, and (c) the proportion of taxis licensed in respect of the area to which the licence would (if granted) apply that conform to the requirement in paragraph (b) is less than the proportion that is prescribed by the Secretary of State. (2) Section 16 of the Transport Act 1985 (which modifies the provisions of the Town Police Clauses Act 1847 about hackney carriages to allow a licence to ply for hire to be refused in order to limit the number of licensed carriages) does not apply in relation to the vehicle; and those provisions of the Town Police Clauses Act 1847 are to have effect subject to this section. (3) In section 16 of the Transport Act 1985, after “shall” insert “ (subject to section 161 of the Equality Act 2010) ”. Commencement Information I64 S. 161 partly in force; s. 161 not in force at Royal Assent see s. 216; s. 161 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(12)(a) (with art. 15) PROSPECTIVE 162 Designated transport facilities (1) The appropriate authority may by regulations provide for the application of any taxi provision (with or without modification) to— (a) vehicles used for the provision of services under a franchise agreement, or (b) drivers of such vehicles. (2) A franchise agreement is a contract entered into by the operator of a designated transport facility for the provision, by the other party to the contract, of hire car services— 128 Equality Act 2010 (c. 15) Part 12 – Disabled persons: transport Chapter 1 – Taxis, etc. Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) for members of the public using any part of the facility, and (b) which involve vehicles entering any part of the facility. (3) In this section— “appropriate authority” means— (a) in relation to transport facilities in England and Wales, the Secretary of State; (b) in relation to transport facilities in Scotland, the Scottish Ministers; “designated” means designated by order made by the appropriate authority; “hire car” has such meaning as is prescribed by the appropriate authority; “operator”, in relation to a transport facility, means a person who is concerned with the management or operation of the facility; “taxi provision” means a provision of— (a) this Chapter, or (b) regulations made in pursuance of section 20(2A) of the Civic Government (Scotland) Act 1982, which applies in relation to taxis or drivers of taxis; “transport facility” means premises which form part of a port, airport, railway station or bus station. F136 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F136 S. 162(4) omitted (31.12.2020) by virtue of The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(3); 2020 c. 1, Sch. 5 para. 1(1) PROSPECTIVE 163 Taxi licence conditional on compliance with taxi accessibility regulations (1) A licence for a taxi to ply for hire must not be granted unless the vehicle conforms with the provisions of taxi accessibility regulations with which a vehicle is required to conform if it is licensed. (2) Subsection (1) does not apply if a licence is in force in relation to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted. (3) The Secretary of State may by order provide for subsection (2) to cease to have effect on a specified date. (4) The power under subsection (3) may be exercised differently for different areas or localities. Equality Act 2010 (c. 15) 129 Part 12 – Disabled persons: transport Chapter 1 – Taxis, etc. Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes PROSPECTIVE 164 Exemption from taxi accessibility regulations (1) The Secretary of State may by regulations provide for a relevant licensing authority to apply for an order (an “exemption order”) exempting the authority from the requirements of section 163. (2) Regulations under subsection (1) may, in particular, make provision requiring an authority proposing to apply for an exemption order— (a) to carry out such consultation as is specified; (b) to publish its proposals in the specified manner; (c) before applying for the order, to consider representations made about the proposal; (d) to make the application in the specified form. In this subsection “specified” means specified in the regulations. (3) An authority may apply for an exemption order only if it is satisfied— (a) that, having regard to the circumstances in its area, it is inappropriate for section 163 to apply, and (b) that the application of that section would result in an unacceptable reduction in the number of taxis in its area. (4) After consulting the Disabled Persons Transport Advisory Committee and such other persons as the Secretary of State thinks appropriate, the Secretary of State may— (a) make an exemption order in the terms of the application for the order; (b) make an exemption order in such other terms as the Secretary of State thinks appropriate; (c) refuse to make an exemption order. (5) The Secretary of State may by regulations make provision requiring a taxi plying for hire in an area in respect of which an exemption order is in force to conform with provisions of the regulations as to the fitting and use of swivel seats. (6) Regulations under subsection (5) may make provision corresponding to section 163. (7) In this section— “relevant licensing authority” means an authority responsible for licensing taxis in any area of England and Wales other than the area to which the Metropolitan Public Carriage Act 1869 applies; “swivel seats” has such meaning as is specified in regulations under subsection (5). 165 Passengers in wheelchairs (1) This section imposes duties on the driver of a designated taxi which has been hired— (a) by or for a disabled person who is in a wheelchair, or (b) by another person who wishes to be accompanied by a disabled person who is in a wheelchair. 130 Equality Act 2010 (c. 15) Part 12 – Disabled persons: transport Chapter 1 – Taxis, etc. Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) This section also imposes duties on the driver of a designated private hire vehicle, if a person within paragraph (a) or (b) of subsection (1) has indicated to the driver that the person wishes to travel in the vehicle. (3) For the purposes of this section— (a) a taxi or private hire vehicle is “designated” if it appears on a list maintained under section 167; (b) “the passenger” means the disabled person concerned. (4) The duties are— (a) to carry the passenger while in the wheelchair; (b) not to make any additional charge for doing so; (c) if the passenger chooses to sit in a passenger seat, to carry the wheelchair; (d) to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort; (e) to give the passenger such mobility assistance as is reasonably required. (5) Mobility assistance is assistance— (a) to enable the passenger to get into or out of the vehicle; (b) if the passenger wishes to remain in the wheelchair, to enable the passenger to get into and out of the vehicle while in the wheelchair; (c) to load the passenger's luggage into or out of the vehicle; (d) if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle. (6) This section does not require the driver— (a) unless the vehicle is of a description prescribed by the Secretary of State, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey; (b) to carry a person in circumstances in which it would otherwise be lawful for the driver to refuse to carry the person. (7) A driver of a designated taxi or designated private hire vehicle commits an offence by failing to comply with a duty imposed on the driver by this section. (8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (9) It is a defence for a person charged with the offence to show that at the time of the alleged offence— (a) the vehicle conformed to the accessibility requirements which applied to it, but (b) it would not have been possible for the wheelchair to be carried safely in the vehicle. (10) In this section and sections 166 and 167 “private hire vehicle” means— (a) a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976; (b) a vehicle licensed under section 7 of the Private Hire Vehicles (London) Act 1998; (c) a vehicle licensed under an equivalent provision of a local enactment; Equality Act 2010 (c. 15) 131 Part 12 – Disabled persons: transport Chapter 1 – Taxis, etc. Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (d) a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982. Commencement Information I65 S. 165 partly in force; s. 165 not in force at Royal Assent see s. 216; s. 165 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(12)(b) (with art. 15) I66 S. 165 in force at 6.4.2017 in so far as not already in force by S.I. 2017/107, art. 2(a) 166 Passengers in wheelchairs: exemption certificates (1) A licensing authority must issue a person with a certificate exempting the person from the duties imposed by section 165 (an “exemption certificate”) if satisfied that it is appropriate to do so— (a) on medical grounds, or (b) on the ground that the person's physical condition makes it impossible or unreasonably difficult for the person to comply with those duties. (2) An exemption certificate is valid for such period as is specified in the certificate. (3) The driver of a designated taxi is exempt from the duties imposed by section 165 if— (a) an exemption certificate issued to the driver is in force, and (b) the prescribed notice of the exemption is exhibited on the taxi in the prescribed manner. (4) The driver of a designated private hire vehicle is exempt from the duties imposed by section 165 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) For the purposes of this section, a taxi or private hire vehicle is “designated” if it appears on a list maintained under section 167. (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. 167 Lists of wheelchair-accessible vehicles (1) For the purposes of section 165, a licensing authority may maintain 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) A licensing authority may, if it thinks fit, decide that a vehicle may be included on a list maintained under this section only if it is being used, or is to be used, by the holder of a special licence under that licence. 132 Equality Act 2010 (c. 15) Part 12 – Disabled persons: transport Chapter 1 – Taxis, etc. Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (4) In subsection (3) “special licence” has the meaning given by section 12 of the Transport Act 1985 (use of taxis or hire cars in providing local services). (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; (b) any other aspect of their functions under or by virtue of this section. (7) A licensing authority which maintains a list under subsection (1) must have regard to any guidance issued under subsection (6). Commencement Information I67 S. 167 partly in force; s. 167 not in force at Royal Assent see s. 216; s. 167(6) wholly in force and s. 167(1)-(5)(7) in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(12)(d)(e) (with art. 15) I68 S. 167(1)-(5) (7) in force at 6.4.2017 in so far as not already in force by S.I. 2017/107, art. 2(b) 168 Assistance dogs in taxis (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 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. 169 Assistance dogs in taxis: exemption certificates (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— Equality Act 2010 (c. 15) 133 Part 12 – Disabled persons: transport Chapter 1 – Taxis, etc. Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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. 170 Assistance dogs in private hire vehicles (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 that the disabled person will be accompanied by an assistance dog. (2) The operator commits an offence by making 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— (a) section 13 of the Private Hire Vehicles (London) Act 1998 (“the 1998 Act”), (b) section 51 of the Local Government (Miscellaneous Provisions) Act 1976 (“the 1976 Act”), or (c) an 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; “operator” means a person who holds a licence under— (a) section 3 of the 1998 Act, (b) section 55 of the 1976 Act, or 134 Equality Act 2010 (c. 15) Part 12 – Disabled persons: transport Chapter 1 – Taxis, etc. Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (c) an equivalent provision of a local enactment; “private hire vehicle” means a vehicle licensed under— (a) section 6 of the 1998 Act, (b) section 48 of the 1976 Act, or (c) an equivalent provision of a local enactment. 171 Assistance dogs in private hire vehicles: exemption certificates (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”, “licensing authority” and “private hire vehicle” have the same meaning as in section 170. 172 Appeals (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. Equality Act 2010 (c. 15) 135 Part 12 – Disabled persons: transport Chapter 2 – Public service vehicles Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 173 Interpretation (1) In this Chapter— “accessibility requirements” has the meaning given in section 167(5); “assistance dog” means— (a) a dog which has been trained to guide a blind person; (b) a dog which has been trained to assist a deaf person; (c) 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; (d) 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; “taxi”— (a) 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, and (b) in sections 162 and 165 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 174 PSV accessibility regulations (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; (c) the design of equipment to be fitted to, or 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— 136 Equality Act 2010 (c. 15) Part 12 – Disabled persons: transport Chapter 2 – Public service vehicles Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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. 175 Offence of contravening PSV accessibility regulations (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; (c) causing or permitting such a regulated public service vehicle to be used on a road. (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); (c) in the case of a body corporate whose affairs are managed by its members, a member. (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. 176 Accessibility certificates (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. Equality Act 2010 (c. 15) 137 Part 12 – Disabled persons: transport Chapter 2 – Public service vehicles Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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; (c) with respect to the issue of copies of accessibility certificates which have been lost or destroyed. (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. 177 Approval certificates (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; (c) providing for the examination of vehicles in respect of which applications have been made; (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. 138 Equality Act 2010 (c. 15) Part 12 – Disabled persons: transport Chapter 2 – Public service vehicles Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 178 Special authorisations (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. 179 Reviews and appeals (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. Equality Act 2010 (c. 15) 139 Part 12 – Disabled persons: transport CHAPTER 2A – Bus services Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 180 Fees (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; (c) copies of such 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. 181 Interpretation 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). [F137CHAPTER 2A BUS SERVICES Textual Amendments F137 Pt. 12 Ch. 2A inserted (26.6.2018) by Bus Services Act 2017 (c. 21), ss. 17(1), 26(2); S.I. 2018/758, reg. 2 181A Information for bus passengers (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; 140 Equality Act 2010 (c. 15) Part 12 – Disabled persons: transport CHAPTER 2A – Bus services Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) the direction of travel; (c) stopping places; (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. 181B Exemptions etc (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; (c) local services 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; (c) a prescribed local service. (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, Equality Act 2010 (c. 15) 141 Part 12 – Disabled persons: transport CHAPTER 2A – Bus services Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) public service vehicles of a prescribed operator, or (c) a prescribed local service, 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. 181C Guidance (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, (c) the Passengers' Council, (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. 181D Interpretation (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.] 142 Equality Act 2010 (c. 15) Part 12 – Disabled persons: transport Chapter 3 – Rail vehicles Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes CHAPTER 3 RAIL VEHICLES 182 Rail vehicle accessibility regulations (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; (c) to travel in such vehicles in safety and reasonable comfort; (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; (c) the design of equipment to be fitted to, or 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; (c) as respects different networks. (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 [F138trans-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)— F139 ................................ “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. Equality Act 2010 (c. 15) 143 Part 12 – Disabled persons: transport Chapter 3 – Rail vehicles Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F140“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. Textual Amendments F138 Words in s. 182(4) substituted (16.1.2012) by The Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), reg. 48, Sch. para. 1(a) (with reg. 3) F139 Definitions in s. 182(5) omitted (16.1.2012) by virtue of The Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), reg. 48, Sch. para. 1(b)(i) (with reg. 3) F140 Definition in s. 182(5) inserted (16.1.2012) by The Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), reg. 48, Sch. para. 1(b)(ii) (with reg. 3) 183 Exemptions from rail vehicle accessibility regulations (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 (c) use in specified circumstances of a regulated rail vehicle that is specified or of a specified description. F141 (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; (c) refuse to make an exemption order. (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. 144 Equality Act 2010 (c. 15) Part 12 – Disabled persons: transport Chapter 3 – Rail vehicles Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F142(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.] Textual Amendments F141 S. 183(3) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 10 para. 29(2); S.I. 2015/994, art. 11(p) F142 S. 183(7) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 10 para. 29(3); S.I. 2015/994, art. 11(p) F143 184 Procedure for making exemption orders ................................ Textual Amendments F143 S. 184 omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 10 para. 30(a); S.I. 2015/994, art. 11(p) 185 Annual report on exemption orders (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); F144 (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 [F145section 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. Textual Amendments F144 S. 185(1)(b) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 10 para. 30(b)(i); S.I. 2015/994, art. 11(p) F145 Words in s. 185(2)(b) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 10 para. 30(b)(ii); S.I. 2015/994, art. 11(p) 186 Rail vehicle accessibility: compliance F146 ................................ Textual Amendments F146 S. 186 repealed (31.12.2010) by Equality Act 2010 (c. 15), ss. 186(2), 216 (with ss. 6(4), 205) Equality Act 2010 (c. 15) 145 Part 13 – Disability: miscellaneous Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 187 Interpretation (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 188 Forgery, etc. (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); (c) an accessibility certificate (see section 176); (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; (c) allows a relevant document to be used by 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 189 Reasonable adjustments Schedule 21 (reasonable adjustments: supplementary) has effect. 146 Equality Act 2010 (c. 15) Part 13 – Disability: miscellaneous Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Commencement Information I69 S. 189 wholly in force at 1.10.2010; s. 189 not in force at Royal Assent see s. 216; s. 189 in force for certain purposes at 4.8.2010 by S.I. 2010/1966, art. 2; s. 189 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(13)(a) (with art. 15) 190 Improvements to let dwelling houses (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; (b) the tenant or another person occupying or intending to occupy the premises is a disabled person; (c) the disabled person occupies or intends to occupy the premises as that person's only or main home; (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— (a) an addition to or alteration in the landlord's fittings and fixtures; (b) an addition or alteration connected with the provision of services to the premises; Equality Act 2010 (c. 15) 147 Part 14 – General exceptions Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (c) the erection of a wireless or television aerial; (d) 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 tenancy” has the same meaning as in section 79 of the Housing Act 1985. PART 14 GENERAL EXCEPTIONS 191 Statutory provisions Schedule 22 (statutory provisions) has effect. Commencement Information I70 S. 191 partly in force; s. 191 not in force at Royal Assent see s. 216; s. 191 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(14)(a) (with art. 15) 192 National security 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. 193 Charities (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. 148 Equality Act 2010 (c. 15) Part 14 – General exceptions Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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; (c) section 41; (d) section 55, so far as relating to the provision of vocational training. (10) Subsection (9) does not apply in relation to disability. 194 Charities: supplementary (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 [F147section 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. Equality Act 2010 (c. 15) 149 Part 14 – General exceptions Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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. Textual Amendments F147 Words in s. 194(3)(a) substituted (14.3.2012) by Charities Act 2011 (c. 25), ss. 354(1), 355, Sch. 7 para. 144 195 Sport (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. [F148(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 (c) to increase participation in that activity. (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 150 Equality Act 2010 (c. 15) Part 14 – General exceptions Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 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.] Textual Amendments F148 S. 195(7)(8) inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 9 196 General Schedule 23 (general exceptions) has effect. Commencement Information I71 S. 196 partly in force; s. 196 not in force at Royal Assent see s. 216; s. 196 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(14)(c) (with art. 15) 197 Age (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; (c) anything done in pursuance of arrangements of a specified description. (2) Specified conduct is conduct— (a) of a specified description, (b) carried out in specified circumstances, or (c) by or in relation to a person of a specified description. (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. Equality Act 2010 (c. 15) 151 Part 15 – Family property Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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). PROSPECTIVE PART 15 FAMILY PROPERTY 198 Abolition of husband's duty to maintain wife The rule of common law that a husband must maintain his wife is abolished. 199 Abolition of presumption of advancement (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. 200 Amendment of Married Women's Property Act 1964 (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. 201 Civil partners: housekeeping allowance (1) After section 70 of the Civil Partnership Act 2004 insert— 152 Equality Act 2010 (c. 15) Part 16 – General and miscellaneous Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes “70A Money and property derived from housekeeping allowance

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 202 Civil partnerships on religious premises (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. Equality Act 2010 (c. 15) 153 Part 16 – General and miscellaneous Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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.” Commencement Information I72 S. 202 wholly in force at 5.12.2011; s. 202 not in force at Royal Assent see 216; s. 202(3) wholly in force and s. 202(1)(4) in force for certain purposes at 11.7.2011 by S.I. 2011/1636, art. 2(b)-(d); s. 202 in force so far as not already in force at 5.12.2011 by S.I. 2011/2646, art. 2 EU obligations F149 203 Harmonisation ................................ Textual Amendments F149 S. 203 omitted (31.12.2020) by virtue of The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(4); 2020 c. 1, Sch. 5 para. 1(1) F150 204 Harmonisation: procedure ................................ Textual Amendments F150 S. 204 omitted (31.12.2020) by virtue of The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(5); 2020 c. 1, Sch. 5 para. 1(1) Application 205 Crown application (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; (c) Chapter 1 of Part 11 (public sector equality duty). (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. 154 Equality Act 2010 (c. 15) Part 16 – General and miscellaneous Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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 (c) by or on behalf of the holder of a statutory office acting on behalf of the Crown. (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. 206 Information society services Schedule 25 (information society services) has effect. Subordinate legislation 207 Exercise of power (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 (c) an order under paragraph 1(3) of Schedule 14 that does not modify an enactment. (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) [F151, 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, [F152139A,] 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 [F152139A,] 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 Equality Act 2010 (c. 15) 155 Part 16 – General and miscellaneous Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 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. Textual Amendments F151 Words in s. 207(5) inserted (26.6.2018) by Bus Services Act 2017 (c. 21), ss. 17(2), 26(2); S.I. 2018/758, reg. 2 F152 Words in s. 207(6) inserted (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 98(3), 103(1) 208 Ministers of the Crown, etc. (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; (c) an order under paragraph 1(3) of Schedule 14 (educational charities and endowments) that modifies an enactment. (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); (c) regulations under section 81 (work: ships and hovercraft); (d) an order under section 105 (election candidates: expiry of provision); (e) regulations under section 106 (election candidates: diversity information); F153 [ (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); F154 [ (fa) regulations under section 181A or 181B (information for bus passengers);] F155 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Equality Act 2010 (c. 15) Part 16 – General and miscellaneous Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F156 (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— F157 (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. Textual Amendments F153 S. 208(5)(ea) inserted (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 98(4), 103(1) F154 S. 208(5)(fa) inserted (26.6.2018) by Bus Services Act 2017 (c. 21), ss. 17(3), 26(2); S.I. 2018/758, reg. 2 F155 S. 208(5)(g) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 10 para. 30(c)(i); S.I. 2015/994, art. 11(p) F156 S. 208(5)(h) omitted (31.12.2020) by virtue of The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(6); 2020 c. 1, Sch. 5 para. 1(1) F157 S. 208(7)(a) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 10 para. 30(c)(ii); S.I. 2015/994, art. 11(p) 209 The Welsh Ministers (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); Equality Act 2010 (c. 15) 157 Part 16 – General and miscellaneous Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (c) regulations under section 153 or 154(2) (public sector equality duty: powers to impose specific duties); (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); [F158(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. Textual Amendments F158 S. 209(3)(e) inserted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(4); S.I. 2020/1182, reg. 3(1)(n); S.I. 2021/373, art. 8(j)(xxxiii) 210 The Scottish Ministers (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). 158 Equality Act 2010 (c. 15) Part 16 – General and miscellaneous Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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. 211 Amendments, repeals and revocations (1) Schedule 26 (amendments) has effect. (2) Schedule 27 (repeals and revocations) has effect. Commencement Information I73 S. 211 partly in force; s. 211 not in force at Royal Assent see s. 216; s. 211(1) in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 3(1)(a); s. 211(1) in force for certain purposes at 4.8.2010 by S.I. 2010/1966, art. 3(a); 211(1)(2) in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(15)(b)(c) (with art. 15); s. 211(1)(2) in force for certain purposes at 5.4.2011 by S.I. 2011/1066, art. 2(d)(e) Interpretation 212 General interpretation (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— (a) an Act of Parliament, (b) an Act of the Scottish Parliament, (c) an Act or Measure of the National Assembly for Wales, or Equality Act 2010 (c. 15) 159 Part 16 – General and miscellaneous Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (d) subordinate 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— (a) the Education Act 1996 (in relation to England and Wales); (b) 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— (a) subordinate legislation within the meaning of the Interpretation Act 1978, or (b) an 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; (c) a failure 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; (c) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government; (d) any part of the Scottish Administration. 160 Equality Act 2010 (c. 15) Part 16 – General and miscellaneous Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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. 213 References to maternity leave, etc. (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 (c) additional maternity leave. (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. 214 Index of defined expressions Schedule 28 lists the places where expressions used in this Act are defined or otherwise explained. Equality Act 2010 (c. 15) 161 Part 16 – General and miscellaneous Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Final provisions 215 Money 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. 216 Commencement (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) [F159Subject to [F160subsections (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. [F161(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; (c) section 3, for the purposes of section 1 to the extent mentioned in paragraph (a). (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.] [F162(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; (c) section 3, for the purposes of section 1 to the extent mentioned in paragraph (a). (7) Section 209 does not apply to an order under subsection (6).] Subordinate Legislation Made P1 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; 162 Equality Act 2010 (c. 15) Part 16 – General and miscellaneous Chapter 4 – Supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 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 Textual Amendments F159 Words in s. 216(3) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 38(9), 72(7) F160 Words in s. 216(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 45(5), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(i) F161 S. 216(4)(5) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 38(9), 72(7) F162 S. 216(6)(7) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 45(6), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(i) 217 Extent (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); (c) section 199 (abolition of presumption of advancement). 218 Short title This Act may be cited as the Equality Act 2010. Equality Act 2010 (c. 15) 163 SCHEDULE 1 – Disability: supplementary provision Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULES SCHEDULE 1 Section 6 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. Commencement Information I74 Sch. 1 para. 1 wholly in force at 1.10.2010; para. 1 not in force at Royal Assent see s. 216; para. 1 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15) 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 (c) it is likely to last for the rest of the life of the person affected. (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. Commencement Information I75 Sch. 1 para. 2 wholly in force at 1.10.2010; para. 2 not in force at Royal Assent see s. 216; para. 2 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15) 164 Equality Act 2010 (c. 15) SCHEDULE 1 – Disability: supplementary provision Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 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. (3) The regulations may, in particular, make provision in relation to deliberately acquired disfigurement. Commencement Information I76 Sch. 1 para. 3 wholly in force at 1.10.2010; para. 3 not in force at Royal Assent see s. 216; para. 3 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15) Substantial adverse effects 4 Regulations may make provision for an effect of a prescribed description on the ability of a person to carry out normal day-to-day activities to be treated as being, or as not being, a substantial adverse effect. Commencement Information I77 Sch. 1 para. 4 wholly in force at 1.10.2010; para. 4 not in force at Royal Assent see s. 216; para. 4 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15) Effect of medical treatment 5 (1) An impairment 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 if— (a) measures are being taken to treat or correct it, and (b) but for that, it would be likely to have that effect. (2) “Measures” includes, in particular, medical treatment and the use of a prosthesis or other aid. (3) Sub-paragraph (1) does not apply— (a) in relation to the impairment of a person's sight, to the extent that the impairment is, in the person's case, correctable by spectacles or contact lenses or in such other ways as may be prescribed; (b) in relation to such other impairments as may be prescribed, in such circumstances as are prescribed. Equality Act 2010 (c. 15) 165 SCHEDULE 1 – Disability: supplementary provision Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Commencement Information I78 Sch. 1 para. 5 wholly in force at 1.10.2010; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15) Certain medical conditions 6 (1) Cancer, HIV infection and multiple sclerosis are each a disability. (2) HIV infection is infection by a virus capable of causing the Acquired Immune Deficiency Syndrome. Deemed disability 7 (1) Regulations may provide for persons of prescribed descriptions to be treated as having disabilities. (2) The regulations may prescribe circumstances in which a person who has a disability is to be treated as no longer having the disability. (3) This paragraph does not affect the other provisions of this Schedule. Commencement Information I79 Sch. 1 para. 7 wholly in force at 1.10.2010; para. 7 not in force at Royal Assent see s. 216; para. 7 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15) Progressive conditions 8 (1) This paragraph applies to a person (P) if— (a) P has a progressive condition, (b) as a result of that condition P has an impairment which has (or had) an effect on P's ability to carry out normal day-to-day activities, but (c) the effect is not (or was not) a substantial adverse effect. (2) P is to be taken to have an impairment which has a substantial adverse effect if the condition is likely to result in P having such an impairment. (3) Regulations may make provision for a condition of a prescribed description to be treated as being, or as not being, progressive. Commencement Information I80 Sch. 1 para. 8 wholly in force at 1.10.2010; para. 8 not in force at Royal Assent see s. 216; para. 8 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15) 166 Equality Act 2010 (c. 15) SCHEDULE 1 – Disability: supplementary provision Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Past disabilities 9 (1) A question as to whether a person had a disability at a particular time (“the relevant time”) is to be determined, for the purposes of section 6, as if the provisions of, or made under, this Act were in force when the act complained of was done had been in force at the relevant time. (2) The relevant time may be a time before the coming into force of the provision of this Act to which the question relates. PART 2 GUIDANCE Preliminary 10 This Part of this Schedule applies in relation to guidance referred to in section 6(5). Commencement Information I81 Sch. 1 para. 10 wholly in force at 1.10.2010; para. 10 not in force at Royal Assent see s. 216; para. 10 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15) Examples 11 The guidance may give examples of— (a) effects which it would, or would not, be reasonable, in relation to particular activities, to regard as substantial adverse effects; (b) substantial adverse effects which it would, or would not, be reasonable to regard as long-term. Commencement Information I82 Sch. 1 para. 11 wholly in force at 1.10.2010; para. 11 not in force at Royal Assent see s. 216; para. 11 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15) Adjudicating bodies 12 (1) In determining whether a person is a disabled person, an adjudicating body must take account of such guidance as it thinks is relevant. (2) An adjudicating body is— (a) a court; (b) a tribunal; (c) a person (other than a court or tribunal) who may decide a claim relating to a contravention of Part 6 (education). Equality Act 2010 (c. 15) 167 SCHEDULE 1 – Disability: supplementary provision Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Representations 13 Before issuing the guidance, the Minister must— (a) publish a draft of it; (b) consider any representations made to the Minister about the draft; (c) make such modifications as the Minister thinks appropriate in the light of the representations. Commencement Information I83 Sch. 1 para. 13 wholly in force at 1.10.2010; para. 13 not in force at Royal Assent see s. 216; para. 13 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15) Parliamentary procedure 14 (1) If the Minister decides to proceed with proposed guidance, a draft of it must be laid before Parliament. (2) If, before the end of the 40-day period, either House resolves not to approve the draft, the Minister must take no further steps in relation to the proposed guidance. (3) If no such resolution is made before the end of that period, the Minister must issue the guidance in the form of the draft. (4) Sub-paragraph (2) does not prevent a new draft of proposed guidance being laid before Parliament. (5) The 40-day period— (a) begins on the date on which the draft is laid before both Houses (or, if laid before each House on a different date, on the later date); (b) does not include a period during which Parliament is prorogued or dissolved; (c) does not include a period during which both Houses are adjourned for more than 4 days. Commencement Information I84 Sch. 1 para. 14 wholly in force at 1.10.2010; para. 14 not in force at Royal Assent see s. 216; para. 14 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15) Commencement 15 The guidance comes into force on the day appointed by order by the Minister. Commencement Information I85 Sch. 1 para. 15 wholly in force at 1.10.2010; para. 15 not in force at Royal Assent see s. 216; para. 15 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15) 168 Equality Act 2010 (c. 15) SCHEDULE 2 – Services and public functions: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Revision and revocation 16 (1) The Minister may— (a) revise the whole or part of guidance and re-issue it; (b) by order revoke guidance. (2) A reference to guidance includes a reference to guidance which has been revised and re-issued. Commencement Information I86 Sch. 1 para. 16 wholly in force at 1.10.2010; para. 16 not in force at Royal Assent see s. 216; para. 16 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15) SCHEDULE 2 Section 31 SERVICES AND PUBLIC FUNCTIONS: REASONABLE ADJUSTMENTS Preliminary 1 This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part. Commencement Information I87 Sch. 2 para. 1 wholly in force at 1.9.2012; para. 1 not in force at Royal assent see s. 216; para. 1 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 1 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a) The duty 2 (1) A must comply with the first, second and third requirements. (2) For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is to disabled persons generally. (3) Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” there were substituted— “(a) to avoid the disadvantage, or (b) to adopt a reasonable alternative method of providing the service or exercising the function.” (4) In relation to each requirement, the relevant matter is the provision of the service, or the exercise of the function, by A. (5) Being placed at a substantial disadvantage in relation to the exercise of a function means— (a) if a benefit is or may be conferred in the exercise of the function, being placed at a substantial disadvantage in relation to the conferment of the benefit, or Equality Act 2010 (c. 15) 169 SCHEDULE 2 – Services and public functions: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) if a person is or may be subjected to a detriment in the exercise of the function, suffering an unreasonably adverse experience when being subjected to the detriment. (6) In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of providing the service or exercising the function, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies). (7) If A is a service-provider, nothing in this paragraph requires A to take a step which would fundamentally alter— (a) the nature of the service, or (b) the nature of A's trade or profession. (8) If A exercises a public function, nothing in this paragraph requires A to take a step which A has no power to take. Commencement Information I88 Sch. 2 para. 2 wholly in force at 1.9.2012; para. 2 not in force at Royal assent see s. 216; para. 2 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 2 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a) Special provision about transport 3 (1) This paragraph applies where A is concerned with the provision of a service which involves transporting people by land, air or water. (2) It is never reasonable for A to have to take a step which would— (a) involve the alteration or removal of a physical feature of a vehicle used in providing the service; (b) affect whether vehicles are provided; (c) affect what vehicles are provided; (d) affect what happens in the vehicle while someone is travelling in it. (3) But, for the purpose of complying with the first or third requirement, A may not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is— (a) a hire-vehicle designed and constructed for the carriage of passengers, comprising more than 8 seats in addition to the driver's seat and having a maximum mass not exceeding 5 tonnes, (b) a hire-vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes, (c) a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998 (or under a provision of a local Act corresponding to either of those provisions), (d) a private hire car (within the meaning of section 23 of the Civic Government (Scotland) Act 1982), (e) a public service vehicle (within the meaning given by section 1 of the Public Passenger Vehicles Act 1981), 170 Equality Act 2010 (c. 15) SCHEDULE 2 – Services and public functions: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (f) a vehicle built or adapted to carry passengers on a railway or tramway (within the meaning, in each case, of the Transport and Works Act 1992), (g) a taxi, (h) a vehicle deployed to transport the driver and passengers of a vehicle that has broken down or is involved in an accident, or (i) a vehicle deployed on a system using a mode of guided transport (within the meaning of the Transport and Works Act 1992). (4) In so far as the second requirement requires A to adopt a reasonable alternative method of providing the service to disabled persons, A may not, for the purpose of complying with the requirement, rely on sub-paragraph (2)(b), (c) or (d) if the vehicle is within sub-paragraph (3)(h). (5) A may not, for the purpose of complying with the first, second or third requirement rely on sub-paragraph (2) of this paragraph if A provides the service by way of a hire-vehicle built to carry no more than 8 passengers. (6) For the purposes of sub-paragraph (5) in its application to the second requirement, a part of a vehicle is to be regarded as a physical feature if it requires alteration in order to facilitate the provision of— (a) hand controls to enable a disabled person to operate braking and accelerator systems in the vehicle, or (b) facilities for the stowage of a wheelchair. (7) For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical systems are not physical features; and for the purposes of sub-paragraph (6)(b), fixed seating is not a physical feature. (8) In the case of a vehicle within sub-paragraph (3), a relevant device is not an auxiliary aid for the purposes of the third requirement. (9) A relevant device is a device or structure, or equipment, the installation, operation or maintenance of which would necessitate making a permanent alteration to, or which would have a permanent effect on, the internal or external fabric of the vehicle. (10) Regulations may amend this paragraph so as to provide for sub-paragraph (2) not to apply, or to apply only so far as is prescribed, in relation to vehicles of a prescribed description. Commencement Information I89 Sch. 2 para. 3 wholly in force at 1.9.2012; para. 3 not in force at Royal assent see s. 216; para. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 3 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a) Interpretation 4 (1) This paragraph applies for the purposes of paragraph 3. (2) A “hire-vehicle” is a vehicle hired (by way of a trade) under a hiring agreement to which section 66 of the Road Traffic Offenders Act 1988 applies. (3) A “taxi”, in England and Wales, is a vehicle— (a) licensed under section 37 of the Town Police Clauses Act 1847, Equality Act 2010 (c. 15) 171 SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) licensed under section 6 of the Metropolitan Public Carriage Act 1869, or (c) drawn by one or more persons or animals. (4) A “taxi”, in Scotland, is— (a) a hire car engaged, by arrangements made in a public place between the person to be transported (or a person acting on that person's behalf) and the driver, for a journey starting there and then, or (b) a vehicle drawn by one or more persons or animals. Commencement Information I90 Sch. 2 para. 4 wholly in force at 1.9.2012; para. 4 not in force at Royal assent see s. 216; para. 4 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 4 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a) SCHEDULE 3 Section 31 SERVICES AND PUBLIC FUNCTIONS: EXCEPTIONS PART 1 CONSTITUTIONAL MATTERS Parliament 1 (1) Section 29 does not apply to the exercise of— (a) a function of Parliament; (b) a function exercisable in connection with proceedings in Parliament. (2) Sub-paragraph (1) does not permit anything to be done to or in relation to an individual unless it is done by or in pursuance of a resolution or other deliberation of either House or of a Committee of either House. Commencement Information I91 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Legislation 2 (1) Section 29 does not apply to preparing, making or considering— (a) an Act of Parliament; (b) a Bill for an Act of Parliament; (c) an Act of the Scottish Parliament; (d) a Bill for an Act of the Scottish Parliament; (e) an Act of the National Assembly for Wales; 172 Equality Act 2010 (c. 15) SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (f) a Bill for an Act of the National Assembly for Wales. (2) Section 29 does not apply to preparing, making, approving or considering— (a) a Measure of the National Assembly for Wales; (b) a proposed Measure of the National Assembly for Wales. (3) Section 29 does not apply to preparing, making, confirming, approving or considering an instrument which is made under an enactment by— (a) a Minister of the Crown; (b) the Scottish Ministers or a member of the Scottish Executive; (c) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government. (4) Section 29 does not apply to preparing, making, confirming, approving or considering an instrument to which paragraph 6(a) of Schedule 2 to the Synodical Government Measure 1969 (1969 No. 2) (Measures, Canons, Acts of Synod, orders, etc.) applies. (5) Section 29 does not apply to anything done in connection with the preparation, making, consideration, approval or confirmation of an instrument made by— (a) Her Majesty in Council; (b) the Privy Council. (6) Section 29 does not apply to anything done in connection with the imposition of a requirement or condition which comes within Schedule 22 (statutory provisions). Commencement Information I92 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Judicial functions 3 (1) Section 29 does not apply to— (a) a judicial function; (b) anything done on behalf of, or on the instructions of, a person exercising a judicial function; (c) a decision not to commence or continue criminal proceedings; (d) anything done for the purpose of reaching, or in pursuance of, a decision not to commence or continue criminal proceedings. (2) A reference in sub-paragraph (1) to a judicial function includes a reference to a judicial function conferred on a person other than a court or tribunal. Commencement Information I93 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Equality Act 2010 (c. 15) 173 SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Armed forces 4 (1) Section 29(6), so far as relating to relevant discrimination, does not apply to anything done for the purpose of ensuring the combat effectiveness of the armed forces. (2) “Relevant discrimination” is— (a) age discrimination; (b) disability discrimination; (c) gender reassignment discrimination; (d) sex discrimination. Commencement Information I94 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Security services, etc. 5 Section 29 does not apply to— (a) the Security Service; (b) the Secret Intelligence Service; (c) the Government Communications Headquarters; (d) a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters. Commencement Information I95 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) PART 2 EDUCATION 6 In its application to a local authority in England and Wales, section 29, so far as relating to age discrimination or religious or belief-related discrimination, does not apply to— (a) the exercise of the authority's functions under section 14 of the Education Act 1996 (provision of schools); (b) the exercise of its function under section 13 of that Act in so far as it relates to a function of its under section 14 of that Act. 174 Equality Act 2010 (c. 15) SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Commencement Information I96 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) 7 In its application to an education authority, section 29, so far as relating to age discrimination or religious or belief-related discrimination, does not apply to— (a) the exercise of the authority's functions under section 17 of the Education (Scotland) Act 1980 (provision of schools); (b) the exercise of its functions under section 1 of that Act, section 2 of the Standards in Scotland's Schools etc. Act 2000 (asp 6) or section 4 or 5 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (general responsibility for education) in so far as it relates to a matter specified in paragraph (a); (c) the exercise of its functions under subsection (1) of section 50 of the Education (Scotland) Act 1980 (education of pupils in exceptional circumstances) in so far as it consists of making arrangements of the description referred to in subsection (2) of that section. Commencement Information I97 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) 8 (1) In its application to a local authority in England and Wales or an education authority, section 29, so far as relating to sex discrimination, does not apply to the exercise of the authority's functions in relation to the establishment of a school. (2) But nothing in sub-paragraph (1) is to be taken as disapplying section 29 in relation to the exercise of the authority's functions under section 14 of the Education Act 1996 or section 17 of the Education (Scotland) Act 1980. Commencement Information I98 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) 9 Section 29, so far as relating to age discrimination, does not apply in relation to anything done in connection with— (a) the curriculum of a school, (b) admission to a school, (c) transport to or from a school, or (d) the establishment, alteration or closure of schools. Equality Act 2010 (c. 15) 175 SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Commencement Information I99 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) 10 (1) Section 29, so far as relating to disability discrimination, does not require a local authority in England or Wales exercising functions under the Education Acts or an education authority exercising relevant functions to remove or alter a physical feature. (2) Relevant functions are functions under— (a) the Education (Scotland) Act 1980, (b) the Education (Scotland) Act 1996, (c) the Standards in Scotland's Schools etc. Act 2000, or (d) the Education (Additional Support for Learning) (Scotland) Act 2004. Commencement Information I100 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) 11 Section 29, so far as relating to religious or belief-related discrimination, does not apply in relation to anything done in connection with— (a) the curriculum of a school; (b) admission to a school which has a religious ethos; (c) acts of worship or other religious observance organised by or on behalf of a school (whether or not forming part of the curriculum); (d) the responsible body of a school which has a religious ethos; (e) transport to or from a school; (f) the establishment, alteration or closure of schools. Commencement Information I101 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) 12 This Part of this Schedule is to be construed in accordance with Chapter 1 of Part 6. Commencement Information I102 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) 176 Equality Act 2010 (c. 15) SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes PART 3 HEALTH AND CARE Blood services 13 (1) A person operating a blood service does not contravene section 29 only by refusing to accept a donation of an individual's blood if— (a) the refusal is because of an assessment of the risk to the public, or to the individual, based on clinical, epidemiological or other data obtained from a source on which it is reasonable to rely, and (b) the refusal is reasonable. (2) A blood service is a service for the collection and distribution of human blood for the purposes of medical services. (3) “Blood” includes blood components. Commencement Information I103 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Health and safety 14 (1) A service-provider (A) who refuses to provide the service to a pregnant woman does not discriminate against her in contravention of section 29 because she is pregnant if— (a) A reasonably believes that providing her with the service would, because she is pregnant, create a risk to her health or safety, (b) A refuses to provide the service to persons with other physical conditions, and (c) the reason for that refusal is that A reasonably believes that providing the service to such persons would create a risk to their health or safety. (2) A service-provider (A) who provides, or offers to provide, the service to a pregnant woman on conditions does not discriminate against her in contravention of section 29 because she is pregnant if— (a) the conditions are intended to remove or reduce a risk to her health or safety, (b) A reasonably believes that the provision of the service without the conditions would create a risk to her health or safety, (c) A imposes conditions on the provision of the service to persons with other physical conditions, and (d) the reason for the imposition of those conditions is that A reasonably believes that the provision of the service to such persons without those conditions would create a risk to their health or safety. Equality Act 2010 (c. 15) 177 SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Commencement Information I104 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Care within the family 15 A person (A) does not contravene section 29 only by participating in arrangements under which (whether or not for reward) A takes into A's home, and treats as members of A's family, persons requiring particular care and attention. Commencement Information I105 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) PART 4 IMMIGRATION [F163Age Textual Amendments F163 Sch. 3 para. 15A and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 2 15A (1) This paragraph applies in relation to age discrimination. (2) Section 29 does not apply to anything done by a relevant person in the exercise of [F164relevant functions]. (3) A relevant person is — (a) a Minister of the Crown acting personally, or (b) a person acting in accordance with a relevant authorisation. (4) A relevant authorisation is a requirement imposed or express authorisation given— (a) with respect to a particular case or class of case, [F165by or under anything mentioned in sub-paragraph (5)(a) to (c)]; (b) with respect to a particular class of case, by a relevant enactment or by an instrument made under or by virtue of a relevant enactment. (5) [F166“Relevant functions” means functions exercisable by virtue of ] — (a) the Immigration Acts, (b) the Special Immigration Appeals Commission Act 1997, [F167or] 178 Equality Act 2010 (c. 15) SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (c) [F168anything which forms part of retained EU law by virtue of section 2(2) (a), 3 or 4 of the European Union (Withdrawal) Act 2018 and] relates to immigration or asylum. F169... F169 (d) ................................ (6) The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to— (a) sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc. ), or (b) section 14 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (power of arrest). ] Textual Amendments F164 Words in Sch. 3 para. 15A(2) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1) F165 Words in Sch. 3 para. 15A(4)(b) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1) F166 Words in Sch. 3 para. 15A(5) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(7)(a)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1) F167 Word in Sch. 3 para. 15A(5)(b) inserted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(7)(a)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1) F168 Words in Sch. 3 para. 15A(5)(c) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(7)(a)(iii)(cc); 2020 c. 1, Sch. 5 para. 1(1) F169 Sch. 3 para. 15A(5)(d) and word omitted (31.12.2020) by virtue of The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(7)(a)(iii)(dd); 2020 c. 1, Sch. 5 para. 1(1) Disability 16 (1) This paragraph applies in relation to disability discrimination. (2) Section 29 does not apply to— (a) a decision within sub-paragraph (3); (b) anything done for the purposes of or in pursuance of a decision within that sub-paragraph. (3) A decision is within this sub-paragraph if it is a decision (whether or not taken in accordance with immigration rules) to do any of the following on the ground that doing so is necessary for the public good— (a) to refuse entry clearance; (b) to refuse leave to enter or remain in the United Kingdom; (c) to cancel leave to enter or remain in the United Kingdom; (d) to vary leave to enter or remain in the United Kingdom; (e) to refuse an application to vary leave to enter or remain in the United Kingdom. (4) Section 29 does not apply to— (a) a decision taken, or guidance given, by the Secretary of State in connection with a decision within sub-paragraph (3); Equality Act 2010 (c. 15) 179 SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) a decision taken in accordance with guidance given by the Secretary of State in connection with a decision within that sub-paragraph. Commencement Information I106 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Nationality and ethnic or national origins 17 (1) This paragraph applies in relation to race discrimination so far as relating to— (a) nationality, or (b) ethnic or national origins. (2) Section 29 does not apply to anything done by a relevant person in the exercise of [F170relevant functions]. (3) A relevant person is— (a) a Minister of the Crown acting personally, or (b) a person acting in accordance with a relevant authorisation. (4) A relevant authorisation is a requirement imposed or express authorisation given— (a) with respect to a particular case or class of case, by a Minister of the Crown acting personally; (b) with respect to a particular class of case, [F171by or under anything mentioned in sub-paragraph (5)(a) to (c)]. (5) [F172“Relevant functions” means functions exercisable by virtue of ] — (a) the Immigration Acts, (b) the Special Immigration Appeals Commission Act 1997, [F173or] (c) [F174anything which forms part of retained EU law by virtue of section 2(2) (a), 3 or 4 of the European Union (Withdrawal) Act 2018 and] relates to immigration or asylum.F175... F175 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to— (a) sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc.), or (b) section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (power of arrest). Textual Amendments F170 Words in Sch. 3 para. 17(2) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(7)(b)(i); 2020 c. 1, Sch. 5 para. 1(1) F171 Words in Sch. 3 para. 17(4)(b) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(7)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1) 180 Equality Act 2010 (c. 15) SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F172 Words in Sch. 3 para. 17(5) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(7)(b)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1) F173 Word in Sch. 3 para. 17(5)(b) inserted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(7)(b)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1) F174 Words in Sch. 3 para. 17(5)(c) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(7)(b)(iii)(cc); 2020 c. 1, Sch. 5 para. 1(1) F175 Sch. 3 para. 17(4)(d) and word omitted (31.12.2020) by virtue of The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(7)(b)(iii)(dd); 2020 c. 1, Sch. 5 para. 1(1) Commencement Information I107 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Religion or belief 18 (1) This paragraph applies in relation to religious or belief-related discrimination. (2) Section 29 does not apply to a decision within sub-paragraph (3) or anything done for the purposes of or in pursuance of a decision within that sub-paragraph. (3) A decision is within this sub-paragraph if it is a decision taken in accordance with immigration rules— (a) to refuse entry clearance or leave to enter the United Kingdom, or to cancel leave to enter or remain in the United Kingdom, on the grounds that the exclusion of the person from the United Kingdom is conducive to the public good, or (b) to vary leave to enter or remain in the United Kingdom, or to refuse an application to vary leave to enter or remain in the United Kingdom, on the grounds that it is undesirable to permit the person to remain in the United Kingdom. (4) Section 29 does not apply to a decision within sub-paragraph (5), or anything done for the purposes of or in pursuance of a decision within that sub-paragraph, if the decision is taken on grounds mentioned in sub-paragraph (6). (5) A decision is within this sub-paragraph if it is a decision (whether or not taken in accordance with immigration rules) in connection with an application for entry clearance or for leave to enter or remain in the United Kingdom. (6) The grounds referred to in sub-paragraph (4) are— (a) the grounds that a person holds an office or post in connection with a religion or belief or provides a service in connection with a religion or belief, (b) the grounds that a religion or belief is not to be treated in the same way as certain other religions or beliefs, or (c) the grounds that the exclusion from the United Kingdom of a person to whom paragraph (a) applies is conducive to the public good. (7) Section 29 does not apply to— (a) a decision taken, or guidance given, by the Secretary of State in connection with a decision within sub-paragraph (3) or (5); Equality Act 2010 (c. 15) 181 SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) a decision taken in accordance with guidance given by the Secretary of State in connection with a decision within either of those sub-paragraphs. Commencement Information I108 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Interpretation 19 A reference to entry clearance, leave to enter or remain or immigration rules is to be construed in accordance with the Immigration Act 1971. Commencement Information I109 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) PART 5 [F176INSURANCE AND OTHER FINANCIAL SERVICES] Textual Amendments F176 Sch. 3 Pt. 5 heading substituted (1.10.2012) by virtue of The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 3 Services arranged by employer 20 (1) Section 29 does not apply to the provision of a relevant financial service if the provision is in pursuance of arrangements made by an employer for the service- provider to provide the service to the employer's employees, and other persons, as a consequence of the employment. (2) “Relevant financial service” means— (a) insurance or a related financial service, or (b) a service relating to membership of or benefits under a personal pension scheme (within the meaning given by section 1 of the Pension Schemes Act 1993). Commencement Information I110 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) 182 Equality Act 2010 (c. 15) SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F177Age Textual Amendments F177 Sch. 3 para. 20A and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 3 20A (1) A person (A) does not contravene section 29, so far as relating to age discrimination, by doing anything in connection with the provision of a financial service. (2) Where A conducts an assessment of risk for the purposes of providing the financial service to another person (B), A may rely on sub-paragraph (1) only if the assessment of risk, so far as it involves a consideration of B's age, is carried out by reference to information which is relevant to the assessment of risk and from a source on which it is reasonable to rely. (3) In this paragraph, “ financial service ” includes a service of a banking, credit, insurance, personal pension, investment or payment nature. ] Disability 21 (1) It is not a contravention of section 29, so far as relating to disability discrimination, to do anything in connection with insurance business if— (a) that thing is done by reference to information that is both relevant to the assessment of the risk to be insured and from a source on which it is reasonable to rely, and (b) it is reasonable to do that thing. (2) “Insurance business” means business which consists of effecting or carrying out contracts of insurance; and that definition is to be read with— (a) section 22 of the Financial Services and Markets Act 2000, (b) any relevant order under that Act, and (c) Schedule 2 to that Act. Commencement Information I111 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Sex, gender reassignment, pregnancy and maternity 22 F178 ................................ Textual Amendments F178 Sch. 3 para. 22 omitted (21.12.2012) by virtue of The Equality Act 2010 (Amendment) Regulations 2012 (S.I. 2012/2992), reg. 2 (with reg. 3) Equality Act 2010 (c. 15) 183 SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Commencement Information I112 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Existing insurance policies 23 (1) It is not a contravention of section 29, so far as relating to relevant discrimination, to do anything in connection with insurance business in relation to an existing insurance policy. (2) “Relevant discrimination” is— (a) age discrimination; (b) disability discrimination; (c) gender reassignment discrimination; (d) pregnancy and maternity discrimination; (e) race discrimination; (f) religious or belief-related discrimination; (g) sex discrimination; (h) sexual orientation discrimination. (3) An existing insurance policy is a policy of insurance entered into before the date on which this paragraph comes into force. (4) Sub-paragraph (1) does not apply where an existing insurance policy was renewed, or the terms of such a policy were reviewed, on or after the date on which this paragraph comes into force. (5) A review of an existing insurance policy which was part of, or incidental to, a general reassessment by the service-provider of the pricing structure for a group of policies is not a review for the purposes of sub-paragraph (4). (6) “Insurance business” has the meaning given in paragraph 21. Commencement Information I113 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) PART 6 [F179MARRIAGE: GENDER REASSIGNMENT] Textual Amendments F179 Sch. 3 Pt. 6 heading substituted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 44; S.I. 2014/93, art. 3(k)(iv) 184 Equality Act 2010 (c. 15) SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Gender reassignment: England and Wales 24 (1) A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in reliance on section 5B of the Marriage Act 1949 (solemnisation of marriages involving person of acquired gender). (2) A person (A) whose consent to the solemnisation of the marriage of a person (B) is required under section 44(1) of the Marriage Act 1949 (solemnisation in registered building) does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to consent if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004. (3) Sub-paragraph (4) applies to a person (A) who may, in a case that comes within the Marriage Act 1949 (other than the case mentioned in sub-paragraph (1)), solemnise marriages according to a form, rite or ceremony of a body of persons who meet for religious worship. (4) A does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to solemnise, in accordance with a form, rite or ceremony as described in sub-paragraph (3), the marriage of a person (B) if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004. Commencement Information I114 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) [F180PART 6ZA MARRIAGE AND CIVIL PARTNERSHIP: SCOTLAND] Textual Amendments F180 Sch. 3 Pt. 6ZA heading inserted (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 19(5)(a) Gender reassignment: Scotland 25 (1) An approved celebrant (A) does not contravene section 29, so far as relating to gender reassignment discrimination, only by refusing to solemnise the marriage of a person (B) if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004. (2) In sub-paragraph (1) “approved celebrant” has the meaning given in section 8(2)(a) of the Marriage (Scotland) Act 1977 (persons who may solemnise marriage). [F181(3) An approved celebrant (A) does not contravene section 29, so far as relating to gender reassignment discrimination, only by refusing to register the civil partnership of a Equality Act 2010 (c. 15) 185 SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes person (B) if A reasonably believes that B’s gender has become the acquired gender under the Gender Recognition Act 2004. (4) In sub-paragraph (3) “approved celebrant” has the meaning given in section 94A(4) (a) of the Civil Partnership Act 2004.] Textual Amendments F181 Sch. 3 para. 25(3)(4) inserted (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 19(5)(b) Commencement Information I115 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) [F182PART 6A MARRIAGE OF SAME SEX COUPLES [F183AND CIVIL PARTNERSHIP] IN ENGLAND AND WALES Textual Amendments F182 Sch. 3 Pt. 6A inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 2(6), 21(3); S.I. 2014/93, art. 3(a) F183 Words in Sch. 3 Pt. 6A heading inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 10(3)(a) Marriage according to religious rites: no compulsion to solemnize etc 25A (1) A person does not contravene section 29 only because the person— (a) does not conduct a relevant marriage, (b) is not present at, does not carry out, or does not otherwise participate in, a relevant marriage, or (c) does not consent to a relevant marriage being conducted, for the reason that the marriage is the marriage of a same sex couple. (2) Expressions used in this paragraph and in section 2 of the Marriage (Same Sex Couples) Act 2013 have the same meanings in this paragraph as in that section.] No compulsion for religious organisations or persons acting on their behalf to act in relation to civil partnerships (1) A protected person does not contravene section 29 only because the person— [F18425AA. (a) does not allow religious premises to be used as the place at which two people register as civil partners of each other under Part 2 of the Civil Partnership Act 2004 (“the 2004 Act”), or (b) does not provide, arrange, facilitate or participate in, or is not present at— 186 Equality Act 2010 (c. 15) SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (i) an occasion during which two people register as civil partners of each other on religious premises under Part 2 of the 2004 Act, or (ii) a ceremony or event in England or Wales to mark the formation of a civil partnership, for the reason that the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex. (2) An employer or principal does not contravene section 29 only because the employer or principal is treated under section 109 as doing something that does not, by virtue of sub-paragraph (1), amount to a contravention of section 29 by the employee or agent who in fact does it. (3) In this paragraph— “protected person” has the meaning given by section 30ZA(2) of the 2004 Act; “religious premises” has the meaning given by section 6A(3C) of the 2004 Act.] Textual Amendments F184 Sch. 3 Pt. 6A para. 25AA inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 10(3)(b) [F185PART 6B MARRIAGE OF SAME SEX COUPLES AND CIVIL PARTNERSHIP: SCOTLAND Textual Amendments F185 Sch. 3 Pt. 6B inserted (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 19(5)(c) Marriage of same sex couples and civil partnership: Scotland 25B (1) An approved celebrant does not contravene section 29 only by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex. (2) An approved celebrant does not contravene section 29 only by refusing to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex. (3) A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the solemnising of a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex. (4) A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the registration of a relevant Equality Act 2010 (c. 15) 187 SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex. (5) For the purposes of this paragraph, a person is an approved celebrant for the purposes of both marriage and civil partnership whether the person is an approved celebrant within the meaning of section 8(2)(a) of the Marriage (Scotland) Act 1977 or section 94A(4)(a) of the Civil Partnership Act 2004. (6) In this paragraph— “relevant Scottish civil partnership” means a religious or belief civil partnership within the meaning of section 94A(4)(b) of the Civil Partnership Act 2004; “relevant Scottish marriage” means a religious or belief marriage of two persons of the same sex within the meaning of section 8(2)(a) of the Marriage (Scotland) Act 1977. Marriage of same sex couples: Scottish forces marriages 25C (1) A chaplain does not contravene section 29 only by refusing to solemnise a relevant Scottish forces marriage according to religious rites or usages for the reason that the marriage is the marriage of two persons of the same sex. (2) In this paragraph— “chaplain” has the meaning given by paragraph (a) of the definition of “authorised person” in paragraph 12(2) of Schedule 6 to the Marriage (Same Sex Couples) Act 2013; “forces marriage” has the meaning given by paragraph 12(2) of Schedule 6 to the Marriage (Same Sex Couples) Act 2013; “relevant Scottish forces marriage” means a forces marriage of two persons of the same sex where Scotland is the relevant part of the United Kingdom within the meaning of paragraph 12 of Schedule 6 to the Marriage (Same Sex Couples) Act 2013.] PART 7 [F186 SEPARATE, SINGLE AND CONCESSIONARY SERVICES, ETC] Textual Amendments F186 Sch. 3 Pt. 7 heading substituted (1.10.2012) by virtue of The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 4 Separate services for the sexes 26 (1) A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services for persons of each sex if— (a) a joint service for persons of both sexes would be less effective, and (b) the limited provision is a proportionate means of achieving a legitimate aim. (2) A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services differently for persons of each sex if— 188 Equality Act 2010 (c. 15) SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) a joint service for persons of both sexes would be less effective, (b) the extent to which the service is required by one sex makes it not reasonably practicable to provide the service otherwise than as a separate service provided differently for each sex, and (c) the limited provision is a proportionate means of achieving a legitimate aim. (3) This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service. Commencement Information I116 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Single-sex services 27 (1) A person does not contravene section 29, so far as relating to sex discrimination, by providing a service only to persons of one sex if— (a) any of the conditions in sub-paragraphs (2) to (7) is satisfied, and (b) the limited provision is a proportionate means of achieving a legitimate aim. (2) The condition is that only persons of that sex have need of the service. (3) The condition is that— (a) the service is also provided jointly for persons of both sexes, and (b) the service would be insufficiently effective were it only to be provided jointly. (4) The condition is that— (a) a joint service for persons of both sexes would be less effective, and (b) the extent to which the service is required by persons of each sex makes it not reasonably practicable to provide separate services. (5) The condition is that the service is provided at a place which is, or is part of— (a) a hospital, or (b) another establishment for persons requiring special care, supervision or attention. (6) The condition is that— (a) the service is provided for, or is likely to be used by, two or more persons at the same time, and (b) the circumstances are such that a person of one sex might reasonably object to the presence of a person of the opposite sex. (7) The condition is that— (a) there is likely to be physical contact between a person (A) to whom the service is provided and another person (B), and (b) B might reasonably object if A were not of the same sex as B. (8) This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service. Equality Act 2010 (c. 15) 189 SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Commencement Information I117 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Gender reassignment 28 (1) A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub- paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim. (2) The matters are— (a) the provision of separate services for persons of each sex; (b) the provision of separate services differently for persons of each sex; (c) the provision of a service only to persons of one sex. Commencement Information I118 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Services relating to religion 29 (1) A minister does not contravene section 29, so far as relating to sex discrimination, by providing a service only to persons of one sex or separate services for persons of each sex, if— (a) the service is provided for the purposes of an organised religion, (b) it is provided at a place which is (permanently or for the time being) occupied or used for those purposes, and (c) the limited provision of the service is necessary in order to comply with the doctrines of the religion or is for the purpose of avoiding conflict with the strongly held religious convictions of a significant number of the religion's followers. (2) The reference to a minister is a reference to a minister of religion, or other person, who— (a) performs functions in connection with the religion, and (b) holds an office or appointment in, or is accredited, approved or recognised for purposes of, a relevant organisation in relation to the religion. (3) An organisation is a relevant organisation in relation to a religion if its purpose is— (a) to practise the religion, (b) to advance the religion, (c) to teach the practice or principles of the religion, (d) to enable persons of the religion to receive benefits, or to engage in activities, within the framework of that religion, or (e) to foster or maintain good relations between persons of different religions. 190 Equality Act 2010 (c. 15) SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (4) But an organisation is not a relevant organisation in relation to a religion if its sole or main purpose is commercial. Commencement Information I119 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Services generally provided only for persons who share a protected characteristic 30 If a service is generally provided only for persons who share a protected characteristic, a person (A) who normally provides the service for persons who share that characteristic does not contravene section 29(1) or (2)— (a) by insisting on providing the service in the way A normally provides it, or (b) if A reasonably thinks it is impracticable to provide the service to persons who do not share that characteristic, by refusing to provide the service. Commencement Information I120 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) [F187Concessions Textual Amendments F187 Sch. 3 para. 30A and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 4 30A (1) A person does not contravene section 29, so far as relating to age discrimination, by giving a concession in respect of a service to persons of a particular age group. (2) The reference to a concession in respect of a service is a reference to a benefit, right or privilege having the effect that the manner in which the service is provided is, or the terms on which it is provided are, more favourable than the manner in which, or the terms on which, it is usually provided to the public (or, where it is provided to a section of the public, that section).] [F188Age related holidays Textual Amendments F188 Sch. 3 para. 30B and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 5 Equality Act 2010 (c. 15) 191 SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 30B (1) A person (P) does not contravene section 29, so far as relating to age discrimination, by providing a relevant holiday service to persons of a particular age group. (2) In sub-paragraph (1) “ relevant holiday service ” means a service— (a) which involves the provision of at least two of the following together for a single price— (i) travel; (ii) accommodation; (iii) access to activities or services not ancillary to travel or accommodation which form a significant part of the service or its cost; (b) the provision of which is for a period of more than 24 hours or includes the provision of overnight accommodation; (c) which P provides only to persons of the age group in question; and (d) an essential feature of which is the bringing together of persons of that age group with a view to facilitating their enjoyment of facilities or services designed with particular regard to persons of that age group. (3) P may not rely on sub-paragraph (1) unless, before providing a person with a relevant holiday service, P provides the person with a written statement that the service is provided only to persons of the age group in question. (4) For the purpose of sub-paragraph (2)(a)(i), “ travel ” includes an option for an individual to make alternative travel arrangements to those included in the relevant holiday service as offered by P. ] [F189Age restricted services Textual Amendments F189 Sch. 3 para. 30C and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 6 30C (1) This paragraph applies where a person (P)— (a) provides a service the provision of which is prohibited by or under an enactment to persons under the age specified in or under the enactment (“the statutory age”), and (b) displays on the premises on which the service is provided an age warning in relation to the provision of the service. (2) An age warning in relation to the provision of a service is a statement to the effect that the service will not be provided to a person who— (a) appears to P, or an employee or agent of P's, to be under the age specified in the statement, and (b) on being required to do so by P or the employee or agent, fails to produce satisfactory identification. (3) P does not contravene section 29, so far as relating to age discrimination, by not providing the service to a person, who— (a) appears to P, or an employee or agent of P's, to be under the age specified in the age warning in relation to the provision of the service, and 192 Equality Act 2010 (c. 15) SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) on being required to do so by P or the employee or agent, fails to produce satisfactory identification. (4) In this paragraph— (a) a reference to the provision of a service includes a reference to provision of access to the service, and (b) “ satisfactory identification ”, in relation to a person, means a valid document which— (i) in the case of licensed premises where an age condition applies, meets that condition, and (ii) in any other case includes a photograph of the person and establishes that the person has attained the statutory age in relation to the provision of a service; “ licensed premises ” means premises in respect of which a relevant premises licence within the meaning of section 19A of the Licensing Act 2003 (mandatory conditions where alcohol sold) has effect; and “ age condition ” means a condition specified in an order under subsection (1) of section 19A of that Act requiring the age of certain persons to be verified in the manner specified in the condition before they are served alcohol in premises where the condition applies. ] [F190Residential mobile homes Textual Amendments F190 Sch. 3 para. 30D and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 7 30D (1) A person (A) who is the owner of a protected site does not contravene section 29, so far as relating to age discrimination, by— (a) entering into a mobile home agreement with a person (B) that entitles only persons who have attained a particular age to station and occupy a mobile home on land forming part of the site, or (b) refusing to permit assignment by B of a mobile home agreement to any person other than a person who has attained a particular age. (2) A does not contravene section 29, so far as relating to age discrimination, by imposing a requirement in park rules that mobile homes stationed on land forming part of the site and occupied under mobile home agreements may be occupied only by persons who have attained a particular age. (3) A does not contravene section 29, so far as relating to age discrimination, by— (a) imposing in or under a mobile home rental agreement with a person (C) a requirement that the mobile home to which the agreement relates may be occupied only by persons who have attained a particular age, or (b) refusing to permit assignment by C of a mobile home rental agreement to any person other than a person who has attained a particular age. (4) But A may not rely on sub-paragraph (1) or (3) unless, before doing something mentioned in that sub-paragraph, A provides B or C, as the case may be, with a Equality Act 2010 (c. 15) 193 SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes written statement to the effect that the mobile home in question may be occupied only by persons who have attained the age in question. (5) In this paragraph, “ mobile home agreement ” means an agreement to which the Mobile Homes Act 1983 [F191 or Part 4 of the Mobile Homes (Wales) Act 2013 ] applies; and “ owner ”, “ protected site ” and “ mobile home ” have the same meaning as in that Act [F192 or that Part of that Act ] ; “ park rules ” means rules applying to residents of mobile homes on the protected site and required to be observed by a term in the mobile home agreement or the mobile home rental agreement as the case may be; “ mobile home rental agreement ” means an agreement (other than an arrangement to occupy a mobile home for the purposes of a holiday) under which a person (“ the occupier ”) is entitled to occupy a mobile home on the protected site as the occupier's residence whether for a specified period or for successive periods of a specified duration subject to payment of money and the performance of other obligations. ] Textual Amendments F191 Words in Sch. 3 para. 30D(5) inserted (E.W.) (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 11(a) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2)) F192 Words in Sch. 3 para. 30D(5) inserted (E.W.) (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 11(b) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2)) PART 8 TELEVISION, RADIO AND ON-LINE BROADCASTING AND DISTRIBUTION 31 (1) Section 29 does not apply to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003). (2) Sub-paragraph (1) does not apply to the provision of an electronic communications network, electronic communications service or associated facility (each of which has the same meaning as in that Act). Commencement Information I121 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) 194 Equality Act 2010 (c. 15) SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes PART 9 TRANSPORT Application to disability 32 This Part of this Schedule applies in relation to disability discrimination. Commencement Information I122 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) Transport by air 33 (1) Section 29 does not apply to— (a) transporting people by air; (b) a service provided on a vehicle for transporting people by air. (2) Section 29 does not apply to anything governed by Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air. Commencement Information I123 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) [F193Transport by land: road] Textual Amendments F193 Sch. 3 para. 34 cross-heading substituted (1.10.2010) by virtue of The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 9 34 (1) Section 29 does not apply to transporting people by land, unless the vehicle concerned is— (a) a hire-vehicle designed and constructed for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat, (b) a hire-vehicle designed and constructed for the carriage of passengers, comprising more than 8 seats in addition to the driver's seat and having a maximum mass not exceeding 5 tonnes, (c) a hire-vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes, (d) a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act Equality Act 2010 (c. 15) 195 SCHEDULE 3 – Services and public functions: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 1998 (or under a provision of a local Act corresponding to either of those provisions), (e) a private hire car (within the meaning of section 23 of the Civic Government (Scotland) Act 1982), (f) a public service vehicle (within the meaning given by section 1 of the Public Passenger Vehicles Act 1981), (g) a vehicle built or adapted to carry passengers on a railway or tramway (within the meaning, in each case, of the Transport and Works Act 1992), (h) a taxi, (i) a vehicle deployed to transport the driver and passengers of a vehicle that has broken down or is involved in an accident, or (j) a vehicle deployed on a system using a mode of guided transport (within the meaning of the Transport and Works Act 1992). [F194(1A) Sections 20 to 22 and section 29 do not apply to anything that is governed by Regulation ( EU ) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 . ] (2) Paragraph 4 of Schedule 2 applies for the purposes of this paragraph as it applies for the purposes of paragraph 3 of that Schedule. Textual Amendments F194 Sch. 3 para. 34(1A) inserted (19.8.2013) by The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013 (S.I. 2013/1865), regs. 1(1), 13(4) Commencement Information I124 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) [F195Transport by land: rail Textual Amendments F195 Sch. 3 para. 34A and cross-heading inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 9 34A Section 29 does not apply to anything governed by Regulation ( EC ) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations. ]M1 Marginal Citations M1 OJ No. L315, 3.12.2007, p.14. 196 Equality Act 2010 (c. 15) SCHEDULE 4 – Premises: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes PART 10 SUPPLEMENTARY Power to amend 35 (1) A Minister of the Crown may by order amend this Schedule— (a) so as to add, vary or omit an exception to section 29, so far as relating to disability, religion or belief or sexual orientation; (b) so as to add, vary or omit an exception to section 29(6), so far as relating to gender reassignment, pregnancy and maternity, race or sex. (2) But provision by virtue of sub-paragraph (1) may not amend this Schedule— (a) so as to omit an exception in paragraph 1, 2 or 3; (b) so as to reduce the extent to which an exception in paragraph 1, 2 or 3 applies. (3) For the purposes of an order under sub-paragraph (1)(a), so far as relating to disability, which makes provision in relation to transport by air, it does not matter whether the transport is within or outside the United Kingdom. (4) Before making an order under this paragraph the Minister must consult the Commission. (5) Nothing in this paragraph affects the application of any other provision of this Act to conduct outside England and Wales or Scotland. Commencement Information I125 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d) SCHEDULE 4 Section 38 PREMISES: REASONABLE ADJUSTMENTS Preliminary 1 This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part. The duty in relation to let premises 2 (1) This paragraph applies where A is a controller of let premises. (2) A must comply with the first and third requirements. (3) For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A's includes a reference to a term of the letting. (4) For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who— Equality Act 2010 (c. 15) 197 SCHEDULE 4 – Premises: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) is a tenant of the premises, or (b) is otherwise entitled to occupy them. (5) In relation to each requirement, the relevant matters are— (a) the enjoyment of the premises; (b) the use of a benefit or facility, entitlement to which arises as a result of the letting. (6) Sub-paragraph (2) applies only if A receives a request from or on behalf of the tenant or a person entitled to occupy the premises to take steps to avoid the disadvantage or provide the auxiliary aid. (7) If a term of the letting that prohibits the tenant from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the tenant to make alterations to the let premises so as to avoid the disadvantage. (8) It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature. (9) For the purposes of this paragraph, physical features do not include furniture, furnishings, materials, equipment or other chattels in or on the premises; and none of the following is an alteration of a physical feature— (a) the replacement or provision of a sign or notice; (b) the replacement of a tap or door handle; (c) the replacement, provision or adaptation of a door bell or door entry system; (d) changes to the colour of a wall, door or any other surface. (10) The terms of a letting include the terms of an agreement relating to it. The duty in relation to premises to let 3 (1) This paragraph applies where A is a controller of premises to let. (2) A must comply with the first and third requirements. (3) For the purposes of this paragraph, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who is considering taking a letting of the premises. (4) In relation to each requirement, the relevant matter is becoming a tenant of the premises. (5) Sub-paragraph (2) applies only if A receives a request by or on behalf of a disabled person within sub-paragraph (3) for A to take steps to avoid the disadvantage or provide the auxiliary aid. (6) Nothing in this paragraph requires A to take a step which would involve the removal or alteration of a physical feature. (7) Sub-paragraph (9) of paragraph 2 applies for the purposes of this paragraph as it applies for the purposes of that paragraph. 198 Equality Act 2010 (c. 15) SCHEDULE 4 – Premises: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes The duty in relation to commonhold units 4 (1) This paragraph applies where A is a commonhold association; and the reference to a commonhold association is a reference to the association in its capacity as the person who manages a commonhold unit. (2) A must comply with the first and third requirements. (3) For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A's includes a reference to— (a) a term of the commonhold community statement, or (b) any other term applicable by virtue of the transfer of the unit to the unit- holder. (4) For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who— (a) is the unit-holder, or (b) is otherwise entitled to occupy the unit. (5) In relation to each requirement, the relevant matters are— (a) the enjoyment of the unit; (b) the use of a benefit or facility, entitlement to which arises as a result of a term within sub-paragraph (3)(a) or (b). (6) Sub-paragraph (2) applies only if A receives a request from or on behalf of the unit- holder or a person entitled to occupy the unit to take steps to avoid the disadvantage or provide the auxiliary aid. (7) If a term within sub-paragraph (3)(a) or (b) that prohibits the unit-holder from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the unit-holder to make alterations to the unit so as to avoid the disadvantage. (8) It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature; and sub-paragraph (9) of paragraph 2 applies in relation to a commonhold unit as it applies in relation to let premises. PROSPECTIVE The duty in relation to common parts 5 (1) This paragraph applies where A is a responsible person in relation to common parts. (2) A must comply with the second requirement. (3) For the purposes of this paragraph, the reference in section 20(4) to a physical feature is a reference to a physical feature of the common parts. (4) For those purposes, the reference in section 20(4) to a disabled person is a reference to a disabled person who— (a) is a tenant of the premises, (b) is a unit-holder, or (c) is otherwise entitled to occupy the premises, and uses or intends to use the premises as the person's only or main home. Equality Act 2010 (c. 15) 199 SCHEDULE 4 – Premises: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (5) In relation to the second requirement, the relevant matter is the use of the common parts. (6) Sub-paragraph (2) applies only if— (a) A receives a request by or on behalf of a disabled person within sub- paragraph (4) for A to take steps to avoid the disadvantage, and (b) the steps requested are likely to avoid or reduce the disadvantage. PROSPECTIVE Consultation on adjustments relating to common parts 6 (1) In deciding whether it is reasonable to take a step for the purposes of paragraph 5, A must consult all persons A thinks would be affected by the step. (2) The consultation must be carried out within a reasonable period of the request being made. (3) A is not required to have regard to a view expressed against taking a step in so far as A reasonably believes that the view is expressed because of the disabled person's disability. (4) Nothing in this paragraph affects anything a commonhold association is required to do pursuant to Part 1 of the Commonhold and Leasehold Reform Act 2002. PROSPECTIVE Agreement on adjustments relating to common parts 7 (1) If A decides that it is reasonable to take a step for the purposes of paragraph 5, A and the disabled person must agree in writing the rights and responsibilities of each of them in relation to the step. (2) An agreement under this paragraph must, in particular, make provision as to the responsibilities of the parties in relation to— (a) the costs of any work to be undertaken; (b) other costs arising from the work; (c) the restoration of the common parts to their former condition if the relevant disabled person stops living in the premises. (3) It is always reasonable before the agreement is made for A to insist that the agreement should require the disabled person to pay— (a) the costs referred to in paragraphs (a) and (b) of sub-paragraph (2), and (b) the costs of the restoration referred to in paragraph (c) of that sub-paragraph. (4) If an agreement under this paragraph is made, A's obligations under the agreement become part of A's interest in the common parts and pass on subsequent disposals accordingly. 200 Equality Act 2010 (c. 15) SCHEDULE 4 – Premises: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (5) Regulations may require a party to an agreement under this paragraph to provide, in prescribed circumstances, prescribed information about the agreement to persons of a prescribed description. (6) The regulations may require the information to be provided in a prescribed form. (7) Regulations may make provision as to circumstances in which an agreement under this paragraph is to cease to have effect, in so far as the agreement does not itself make provision for termination. Victimisation 8 (1) This paragraph applies where the relevant disabled person comes within paragraph 2(4)(b), 4(4)(b) or 5(4)(c). (2) A must not, because of costs incurred in connection with taking steps to comply with a requirement imposed for the purposes of paragraph 2, 4 or 5, subject to a detriment— (a) a tenant of the premises, or (b) the unit-holder. Commencement Information I126 Sch. 4 para. 8 partly in force; para. 8 not in force at Royal Assent see s. 216; para. 8 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(4)(e)(ii) Regulations 9 (1) This paragraph applies for the purposes of section 36 and this Schedule. (2) Regulations may make provision as to— (a) circumstances in which premises are to be treated as let, or as not let, to a person; (b) circumstances in which premises are to be treated as being, or as not being, to let; (c) who is to be treated as being, or as not being, a person entitled to occupy premises otherwise than as tenant or unit-holder; (d) who is to be treated as being, or as not being, a person by whom premises are let; (e) who is to be treated as having, or as not having, premises to let; (f) who is to be treated as being, or as not being, a manager of premises. (3) Provision made by virtue of this paragraph may amend this Schedule. Commencement Information I127 Sch. 4 para. 9 wholly in force; para. 9 not in force at Royal Assent see s. 216; para. 9 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; para. 9 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(4)(e)(iii) (with art. 15) Equality Act 2010 (c. 15) 201 SCHEDULE 5 – Premises: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULE 5 Section 38 PREMISES: EXCEPTIONS Owner-occupier 1 (1) This paragraph applies to the private disposal of premises by an owner-occupier. (2) A disposal is a private disposal only if the owner-occupier does not— (a) use the services of an estate agent for the purpose of disposing of the premises, or (b) publish (or cause to be published) an advertisement in connection with their disposal. (3) Section 33(1) applies only in so far as it relates to race. (4) Section 34(1) does not apply in so far as it relates to— (a) religion or belief, or (b) sexual orientation. (5) In this paragraph— “estate agent” means a person who, by way of profession or trade, provides services for the purpose of— (a) finding premises for persons seeking them, or (b) assisting in the disposal of premises; “owner-occupier” means a person who— (a) owns an estate or interest in premises, and (b) occupies the whole of them. 2 (1) Section 36(1)(a) does not apply if— (a) the premises are, or have been, the only or main home of a person by whom they are let, and (b) since entering into the letting, neither that person nor any other by whom they are let has used a manager for managing the premises. (2) A manager is a person who, by profession or trade, manages let premises. (3) Section 36(1)(b) does not apply if— (a) the premises are, or have been, the only or main home of a person who has them to let, and (b) neither that person nor any other who has the premises to let uses the services of an estate agent for letting the premises. (4) “Estate agent” has the meaning given in paragraph 1. Small premises 3 (1) This paragraph applies to anything done by a person in relation to the disposal, occupation or management of part of small premises if— (a) the person or a relative of that person resides, and intends to continue to reside, in another part of the premises, and 202 Equality Act 2010 (c. 15) SCHEDULE 5 – Premises: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) the premises include parts (other than storage areas and means of access) shared with residents of the premises who are not members of the same household as the resident mentioned in paragraph (a). (2) Sections 33(1), 34(1) and 35(1) apply only in so far as they relate to race. (3) Premises are small if— (a) the only other persons occupying the accommodation occupied by the resident mentioned in sub-paragraph (1)(a) are members of the same household, (b) the premises also include accommodation for at least one other household, (c) the accommodation for each of those other households is let, or available for letting, on a separate tenancy or similar agreement, and (d) the premises are not normally sufficient to accommodate more than two other households. (4) Premises are also small if they are not normally sufficient to provide residential accommodation for more than six persons (in addition to the resident mentioned in sub-paragraph (1)(a) and members of the same household). (5) In this paragraph, “relative” means— (a) spouse or civil partner, (b) unmarried partner, (c) parent or grandparent, (d) child or grandchild (whether or not legitimate), (e) the spouse, civil partner or unmarried partner of a child or grandchild, (f) brother or sister (whether of full blood or half-blood), or (g) a relative within paragraph (c), (d), (e) or (f) whose relationship arises as a result of marriage or civil partnership. (6) In sub-paragraph (5), a reference to an unmarried partner is a reference to the other member of a couple consisting [F196of two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.] Textual Amendments F196 Words in Sch. 5 para. 3(6) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 32(4) 4 (1) Section 36(1) does not apply if— (a) the premises in question are small premises, (b) the relevant person or a relative of that person resides, and intends to continue to reside, in another part of the premises, and (c) the premises include parts (other than storage areas and means of access) shared with residents of the premises who are not members of the same household as the resident mentioned in paragraph (b). (2) The relevant person is the person who, for the purposes of section 36(1), is— (a) the controller of the premises, or Equality Act 2010 (c. 15) 203 SCHEDULE 6 – Office-holders: excluded offices Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) the responsible person in relation to the common parts to which the premises relate. (3) “Small premises” and “relative” have the same meaning as in paragraph 3. 5 A Minister of the Crown may by order amend paragraph 3 or 4. SCHEDULE 6 Section 52 OFFICE-HOLDERS: EXCLUDED OFFICES Work to which other provisions apply 1 (1) An office or post is not a personal or public office in so far as one or more of the provisions mentioned in sub-paragraph (2)— (a) applies in relation to the office or post, or (b) would apply in relation to the office or post but for the operation of some other provision of this Act. (2) Those provisions are— (a) section 39 (employment); (b) section 41 (contract work); (c) section 44 (partnerships). (d) section 45 (LLPs); (e) section 47 (barristers); (f) section 48 (advocates); (g) section 55 (employment services) so far as applying to the provision of work experience within section 56(2)(a) or arrangements within section 56(2)(c) for such provision. Political offices 2 (1) An office or post is not a personal or public office if it is a political office. (2) A political office is an office or post set out in the second column of the following Table— Political setting Office or post Houses of Parliament An office of the House of Commons held by a member of that House An office of the House of Lords held by a member of that House A Ministerial office within the meaning of section 2 of the House of Commons Disqualification Act 1975 The office of the Leader of the Opposition within the meaning of the Ministerial and other Salaries Act 1975 204 Equality Act 2010 (c. 15) SCHEDULE 6 – Office-holders: excluded offices Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes The office of the Chief Opposition Whip, or of an Assistant Opposition Whip, within the meaning of that Act Scottish Parliament An office of the Scottish Parliament held by a member of the Parliament The office of a member of the Scottish Executive The office of a junior Scottish Minister National Assembly for Wales An office of the National Assembly for Wales held by a member of the Assembly The office of a member of the Welsh Assembly Government Local government in England An office of a county council, district council or (outside London) parish council in England held by a member of the council An office of the Council of the Isles of Scilly held by a member of the Council Local government in London An office of the Greater London Authority held by the Mayor of London or a member of the London Assembly An office of a London borough council held by a member of the council An office of the Common Council of the City of London held by a member of the Council Local government in Wales An office of a county council, county borough council or community council in Wales held by a member of the council Local government in Scotland An office of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 held by a member of the council An office of a council established under section 51 of the Local Government (Scotland) Act 1973 held by a member of the council Political parties An office of a registered political party (3) The reference to a registered political party is a reference to a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000. Honours etc. 3 A life peerage (within the meaning of the Life Peerages Act 1958), or any other dignity or honour conferred by the Crown, is not a personal or public office. Equality Act 2010 (c. 15) 205 SCHEDULE 7 – Equality of terms: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F197Bishops Textual Amendments F197 Sch. 6 para. 4 and cross-heading inserted (17.11.2014) by Bishops and Priests (Consecration and Ordination of Women) Measure 2014 (No. 2), ss. 2, 4(2); 2014 No. 5, art. 2 4 The office of diocesan or suffragan bishop is not a public office.] SCHEDULE 7 Section 80 EQUALITY OF TERMS: EXCEPTIONS PART 1 TERMS OF WORK Compliance with laws regulating employment of women, etc. 1 Neither a sex equality clause nor a maternity equality clause has effect in relation to terms of work affected by compliance with laws regulating— (a) the employment of women; (b) the appointment of women to personal or public offices. Pregnancy, etc. 2 A sex equality clause does not have effect in relation to terms of work affording special treatment to women in connection with pregnancy or childbirth. PART 2 OCCUPATIONAL PENSION SCHEMES Preliminary 3 (1) A sex equality rule does not have effect in relation to a difference as between men and women in the effect of a relevant matter if the difference is permitted by or by virtue of this Part of this Schedule. (2) “Relevant matter” has the meaning given in section 67. State retirement pensions 4 (1) This paragraph applies where a man and a woman are eligible, in such circumstances as may be prescribed, to receive different amounts by way of pension. (2) The difference is permitted if, in prescribed circumstances, it is attributable only to differences between men and women in the retirement benefits to which, in prescribed circumstances, the man and woman are or would be entitled. 206 Equality Act 2010 (c. 15) SCHEDULE 7 – Equality of terms: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) “Retirement benefits” are benefits under sections 43 to 55 of the Social Security Contributions and Benefits Act 1992 (state retirement pensions)[F198or sections 2 to 12 of the Pensions Act 2014 (state pension)]. Textual Amendments F198 Words in Sch. 7 para. 4(3) inserted (6.4.2016 art. 1(2)) by The Pensions Act 2014 (Consequential and Supplementary Amendments) Order 2016 (S.I. 2016/224), art. 8 Commencement Information I128 Sch. 7 para. 4 wholly in force; para. 4 not in force at Royal Assent see s. 216; para. 4 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 7 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(g) (with art. 15) Actuarial factors 5 (1) A difference as between men and women is permitted if it consists of applying to the calculation of the employer's contributions to an occupational pension scheme actuarial factors which— (a) differ for men and women, and (b) are of such description as may be prescribed. (2) A difference as between men and women is permitted if it consists of applying to the determination of benefits of such description as may be prescribed actuarial factors which differ for men and women. Commencement Information I129 Sch. 7 para. 5 wholly in force; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 7 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(g) (with art. 15) Power to amend 6 (1) Regulations may amend this Part of this Schedule so as to add, vary or omit provision about cases where a difference as between men and women in the effect of a relevant matter is permitted. (2) The regulations may make provision about pensionable service before the date on which they come into force (but not about pensionable service before 17 May 1990). Commencement Information I130 Sch. 7 para. 6 wholly in force; para. 6 not in force at Royal Assent see s. 216; para. 6 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 7 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(g) (with art. 15) Equality Act 2010 (c. 15) 207 SCHEDULE 8 – Work: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULE 8 Section 83 WORK: REASONABLE ADJUSTMENTS PART 1 INTRODUCTORY Preliminary 1 This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part of this Act. The duty 2 (1) A must comply with the first, second and third requirements. (2) For the purposes of this paragraph— (a) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; (b) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A; (c) the reference in section 20(3), (4) or (5) to a disabled person is to an interested disabled person. (3) In relation to the first and third requirements, a relevant matter is any matter specified in the first column of the applicable table in Part 2 of this Schedule. (4) In relation to the second requirement, a relevant matter is— (a) a matter specified in the second entry of the first column of the applicable table in Part 2 of this Schedule, or (b) where there is only one entry in a column, a matter specified there. (5) If two or more persons are subject to a duty to make reasonable adjustments in relation to the same interested disabled person, each of them must comply with the duty so far as it is reasonable for each of them to do so. 3 (1) This paragraph applies if a duty to make reasonable adjustments is imposed on A by section 55 (except where the employment service which A provides is the provision of vocational training within the meaning given by section 56(6)(b)). (2) The reference in section 20(3), (4) and (5) to a disabled person is a reference to an interested disabled person. (3) In relation to each requirement, the relevant matter is the employment service which A provides. (4) Sub-paragraph (5) of paragraph 2 applies for the purposes of this paragraph as it applies for the purposes of that paragraph. 208 Equality Act 2010 (c. 15) SCHEDULE 8 – Work: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes PART 2 INTERESTED DISABLED PERSON Preliminary 4 An interested disabled person is a disabled person who, in relation to a relevant matter, is of a description specified in the second column of the applicable table in this Part of this Schedule. Employers (see section 39) 5 (1) This paragraph applies where A is an employer. Relevant matter Description of disabled person Deciding to whom to offer A person who is, or has notified A that employment. the person may be, an applicant for the employment. Employment by A. An applicant for employment by A. An employee of A's. (2) Where A is the employer of a disabled contract worker (B), A must comply with the first, second and third requirements on each occasion when B is supplied to a principal to do contract work. (3) In relation to the first requirement (as it applies for the purposes of sub-paragraph (2)) — (a) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of all or most of the principals to whom B is or might be supplied, (b) the reference to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of the principals referred to in paragraph (a), and (c) the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if the provision, criterion or practice were applied by or on behalf of A. (4) In relation to the second requirement (as it applies for the purposes of sub- paragraph (2))— (a) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by each of the principals referred to in sub- paragraph (3)(a), (b) the reference to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of those principals, and (c) the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if the premises were occupied by A. (5) In relation to the third requirement (as it applies for the purposes of sub- paragraph (2))— Equality Act 2010 (c. 15) 209 SCHEDULE 8 – Work: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) the reference in section 20(5) to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of the principals referred to in sub- paragraph (3)(a), and (b) the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if A were the person to whom B was supplied. Principals in contract work (see section 41) 6 (1) This paragraph applies where A is a principal. Relevant matter Description of disabled person Contract work that A may make A person who is, or has notified A that available. the person may be, an applicant to do the work. Contract work that A makes available. A person who is supplied to do the work. (2) A is not required to do anything that a disabled person's employer is required to do by virtue of paragraph 5. Partnerships (see section 44) 7 (1) This paragraph applies where A is a firm or a proposed firm. Relevant matter Description of disabled person Deciding to whom to offer a position as A person who is, or has notified A that a partner. the person may be, a candidate for the position. A position as a partner. A candidate for the position. The partner who holds the position. (2) Where a firm or proposed firm (A) is required by this Schedule to take a step in relation to an interested disabled person (B)— (a) the cost of taking the step is to be treated as an expense of A; (b) the extent to which B should (if B is or becomes a partner) bear the cost is not to exceed such amount as is reasonable (having regard in particular to B's entitlement to share in A's profits). LLPs (see section 45) 8 (1) This paragraph applies where A is an LLP or a proposed LLP. Relevant matter Description of disabled person Deciding to whom to offer a position as A person who is, or has notified A that a member. the person may be, a candidate for the position. A position as a member. A candidate for the position. 210 Equality Act 2010 (c. 15) SCHEDULE 8 – Work: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes The member who holds the position. (2) Where an LLP or proposed LLP (A) is required by this Schedule to take a step in relation to an interested disabled person (B)— (a) the cost of taking the step is to be treated as an expense of A; (b) the extent to which B should (if B is or becomes a member) bear the cost is not to exceed such amount as is reasonable (having regard in particular to B's entitlement to share in A's profits). Barristers and their clerks (see section 47) 9 This paragraph applies where A is a barrister or barrister's clerk. Relevant matter Description of disabled person Deciding to whom to offer a pupillage A person who is, or has notified A that or tenancy. the person may be, an applicant for the pupillage or tenancy. A pupillage or tenancy. An applicant for the pupillage or tenancy. The pupil or tenant. Advocates and their clerks (see section 48) 10 This paragraph applies where A is an advocate or advocate's clerk. Relevant matter Description of disabled person Deciding who to offer to take as a devil A person who applies, or has notified A or to whom to offer membership of a that the person may apply, to be taken as a stable. devil or to become a member of the stable. The relationship with a devil or An applicant to be taken as a devil or to membership of a stable. become a member of the stable. The devil or member. Persons making appointments to offices etc. (see sections 49 to 51) 11 This paragraph applies where A is a person who has the power to make an appointment to a personal or public office. Relevant matter Description of disabled person Deciding to whom to offer the A person who is, or has notified A appointment. that the person may be, seeking the appointment. A person who is being considered for the appointment. Appointment to the office. A person who is seeking, or being considered for, appointment to the office. 12 This paragraph applies where A is a relevant person in relation to a personal or public office. Equality Act 2010 (c. 15) 211 SCHEDULE 8 – Work: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Relevant matter Description of disabled person Appointment to the office. A person appointed to the office. 13 This paragraph applies where A is a person who has the power to make a recommendation for, or give approval to, an appointment to a public office. Relevant matter Description of disabled person Deciding who to recommend or A person who is, or has notified approve for appointment to the office. A that the person may be, seeking recommendation or approval for appointment to the office. A person who is being considered for recommendation or approval for appointment to the office. An appointment to the office. A person who is seeking, or being considered for, appointment to the office in question. 14 In relation to the second requirement in a case within paragraph 11, 12 or 13, the reference in paragraph 2(2)(b) to premises occupied by A is to be read as a reference to premises— (a) under the control of A, and (b) at or from which the functions of the office concerned are performed. Qualifications bodies (see section 53) 15 (1) This paragraph applies where A is a qualifications body. Relevant matter Description of disabled person Deciding upon whom to confer a A person who is, or has notified A that relevant qualification. the person may be, an applicant for the conferment of the qualification. Conferment by the body of a relevant An applicant for the conferment of the qualification. qualification. A person who holds the qualification. (2) A provision, criterion or practice does not include the application of a competence standard. Employment service-providers (see section 55) 16 This paragraph applies where— (a) A is an employment service-provider, and (b) the employment service which A provides is vocational training within the meaning given by section 56(6)(b). Relevant matter Description of disabled person 212 Equality Act 2010 (c. 15) SCHEDULE 8 – Work: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Deciding to whom to offer to provide A person who is, or has notified A that the service. the person may be, an applicant for the provision of the service. Provision by A of the service. A person who applies to A for the provision of the service. A person to whom A provides the service. Trade organisations (see section 57) 17 This paragraph applies where A is a trade organisation. Relevant matter Description of disabled person Deciding to whom to offer membership A person who is, or has notified A of the organisation. that the person may be, an applicant for membership. Membership of the organisation. An applicant for membership. A member. Local authorities (see section 58) 18 (1) This paragraph applies where A is a local authority. Relevant matter Description of disabled person A member's carrying-out of official The member. business. (2) Regulations may, for the purposes of a case within this paragraph, make provision— (a) as to circumstances in which a provision, criterion or practice is, or is not, to be taken to put a disabled person at the disadvantage referred to in the first requirement; (b) as to circumstances in which a physical feature is, or is not, to be taken to put a disabled person at the disadvantage referred to in the second requirement; (c) as to circumstances in which it is, or in which it is not, reasonable for a local authority to be required to take steps of a prescribed description; (d) as to steps which it is always, or which it is never, reasonable for a local authority to take. Occupational pensions (see section 61) 19 This paragraph applies where A is, in relation to an occupational pension scheme, a responsible person within the meaning of section 61. Relevant matter Description of disabled person Carrying out A's functions in relation A person who is or may be a member of to the scheme. the scheme. Equality Act 2010 (c. 15) 213 SCHEDULE 8 – Work: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes PART 3 LIMITATIONS ON THE DUTY Lack of knowledge of disability, etc. 20 (1) A is not subject to a duty to make reasonable adjustments if A does not know, and could not reasonably be expected to know— (a) in the case of an applicant or potential applicant, that an interested disabled person is or may be an applicant for the work in question; (b) [F199in any case referred to in Part 2 of this Schedule], that an interested disabled person has a disability and is likely to be placed at the disadvantage referred to in the first, second or third requirement. (2) An applicant is, in relation to the description of A specified in the first column of the table, a person of a description specified in the second column (and the reference to a potential applicant is to be construed accordingly). Description of A Applicant An employer An applicant for employment A firm or proposed firm A candidate for a position as a partner An LLP or proposed LLP A candidate for a position as a member A barrister or barrister's clerk An applicant for a pupillage or tenancy An advocate or advocate's clerk An applicant for being taken as an advocate's devil or for becoming a member of a stable A relevant person in relation to A person who is seeking appointment to, or a personal or public office recommendation or approval for appointment to, the office A qualifications body An applicant for the conferment of a relevant qualification An employment service- An applicant for the provision of an employment provider service A trade organisation An applicant for membership (3) If the duty to make reasonable adjustments is imposed on A by section 55, this paragraph applies only in so far as the employment service which A provides is vocational training within the meaning given by section 56(6)(b). Textual Amendments F199 Words in Sch. 8 para. 20(1)(b) substituted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 6(2) 214 Equality Act 2010 (c. 15) SCHEDULE 9 – Work: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULE 9 Section 83 WORK: EXCEPTIONS PART 1 OCCUPATIONAL REQUIREMENTS General 1 (1) A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work— (a) it is an occupational requirement, (b) the application of the requirement is a proportionate means of achieving a legitimate aim, and (c) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it). (2) The provisions are— (a) section 39(1)(a) or (c) or (2)(b) or (c); (b) section 41(1)(b); (c) section 44(1)(a) or (c) or (2)(b) or (c); (d) section 45(1)(a) or (c) or (2)(b) or (c); (e) section 49(3)(a) or (c) or (6)(b) or (c); (f) section 50(3)(a) or (c) or (6)(b) or (c); (g) section 51(1). (3) The references in sub-paragraph (1) to a requirement to have a protected characteristic are to be read— (a) in the case of gender reassignment, as references to a requirement not to be a transsexual person (and section 7(3) is accordingly to be ignored); (b) in the case of marriage and civil partnership, as references to a requirement not to be married or a civil partner (and section 8(2) is accordingly to be ignored). (4) In the case of a requirement to be of a particular sex, sub-paragraph (1) has effect as if in paragraph (c), the words from “(or” to the end were omitted. Religious requirements relating to sex, marriage etc., sexual orientation 2 (1) A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to employment a requirement to which sub-paragraph (4) applies if A shows that— (a) the employment is for the purposes of an organised religion, (b) the application of the requirement engages the compliance or non-conflict principle, and (c) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it). (2) The provisions are— Equality Act 2010 (c. 15) 215 SCHEDULE 9 – Work: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) section 39(1)(a) or (c) or (2)(b) or (c); (b) section 49(3)(a) or (c) or (6)(b) or (c); (c) section 50(3)(a) or (c) or (6)(b) or (c); (d) section 51(1). (3) A person does not contravene section 53(1) or (2)(a) or (b) by applying in relation to a relevant qualification (within the meaning of that section) a requirement to which sub-paragraph (4) applies if the person shows that— (a) the qualification is for the purposes of employment mentioned in sub- paragraph (1)(a), and (b) the application of the requirement engages the compliance or non-conflict principle. (4) This sub-paragraph applies to— (a) a requirement to be of a particular sex; (b) a requirement not to be a transsexual person; (c) a requirement not to be married or a civil partner; [ (ca) a requirement not to be married to[F201, or the civil partner of,] a person of F200 the same sex;] [ (cb) a requirement not to be the civil partner of a person of the opposite sex;] F202 (d) a requirement not to be married to, or the civil partner of, a person who has a living former spouse or civil partner; (e) a requirement relating to circumstances in which a marriage or civil partnership came to an end; (f) a requirement related to sexual orientation. (5) The application of a requirement engages the compliance principle if the requirement is applied so as to comply with the doctrines of the religion. (6) The application of a requirement engages the non-conflict principle if, because of the nature or context of the employment, the requirement is applied so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers. (7) A reference to employment includes a reference to an appointment to a personal or public office. (8) In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1) has effect as if in paragraph (c) the words from “(or” to the end were omitted. Textual Amendments F200 Sch. 9 para. 2(4)(ca) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 45; S.I. 2014/93, art. 3(k)(iv) F201 Words in Sch. 9 para. 2(4)(ca) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 11(a) F202 Sch. 9 para. 2(4)(cb) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 11(b) 216 Equality Act 2010 (c. 15) SCHEDULE 9 – Work: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Other requirements relating to religion or belief 3 A person (A) with an ethos based on religion or belief does not contravene a provision mentioned in paragraph 1(2) by applying in relation to work a requirement to be of a particular religion or belief if A shows that, having regard to that ethos and to the nature or context of the work— (a) it is an occupational requirement, (b) the application of the requirement is a proportionate means of achieving a legitimate aim, and (c) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it). Armed forces 4 (1) A person does not contravene section 39(1)(a) or (c) or (2)(b) by applying in relation to service in the armed forces a relevant requirement if the person shows that the application is a proportionate means of ensuring the combat effectiveness of the armed forces. (2) A relevant requirement is— (a) a requirement to be a man; (b) a requirement not to be a transsexual person. (3) This Part of this Act, so far as relating to age or disability, does not apply to service in the armed forces; and section 55, so far as relating to disability, does not apply to work experience in the armed forces. Employment services 5 (1) A person (A) does not contravene section 55(1) or (2) if A shows that A's treatment of another person relates only to work the offer of which could be refused to that other person in reliance on paragraph 1, 2, 3 or 4. (2) A person (A) does not contravene section 55(1) or (2) if A shows that A's treatment of another person relates only to training for work of a description mentioned in sub- paragraph (1). (3) A person (A) does not contravene section 55(1) or (2) if A shows that— (a) A acted in reliance on a statement made to A by a person with the power to offer the work in question to the effect that, by virtue of sub-paragraph (1) or (2), A's action would be lawful, and (b) it was reasonable for A to rely on the statement. (4) A person commits an offence by knowingly or recklessly making a statement such as is mentioned in sub-paragraph (3)(a) which in a material respect is false or misleading. (5) A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Interpretation 6 (1) This paragraph applies for the purposes of this Part of this Schedule. Equality Act 2010 (c. 15) 217 SCHEDULE 9 – Work: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) A reference to contravening a provision of this Act is a reference to contravening that provision by virtue of section 13. (3) A reference to work is a reference to employment, contract work, a position as a partner or as a member of an LLP, or an appointment to a personal or public office. (4) A reference to a person includes a reference to an organisation. (5) A reference to section 39(2)(b), 44(2)(b), 45(2)(b), 49(6)(b) or 50(6)(b) is to be read as a reference to that provision with the omission of the words “or for receiving any other benefit, facility or service”. (6) A reference to section 39(2)(c), 44(2)(c), 45(2)(c), 49(6)(c), 50(6)(c), 53(2)(a) or 55(2)(c) (dismissal, etc.) does not include a reference to that provision so far as relating to sex. (7) The reference to paragraph (b) of section 41(1), so far as relating to sex, is to be read as if that paragraph read— “(b) by not allowing the worker to do the work.” PART 2 EXCEPTIONS RELATING TO AGE Preliminary 7 For the purposes of this Part of this Schedule, a reference to an age contravention is a reference to a contravention of this Part of this Act, so far as relating to age. Retirement 8 F203 ................................ Textual Amendments F203 Sch. 9 para. 8 omitted (6.4.2011) by virtue of The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 (S.I. 2011/1069), reg. 2(2) (with regs. 5, 9) Applicants at or approaching retirement age 9 F204 ................................ Textual Amendments F204 Sch. 9 para. 9 omitted (6.4.2011) by virtue of The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 (S.I. 2011/1069), reg. 2(3) (with regs. 5, 9) Benefits based on length of service 10 (1) It is not an age contravention for a person (A) to put a person (B) at a disadvantage when compared with another (C), in relation to the provision of a benefit, facility 218 Equality Act 2010 (c. 15) SCHEDULE 9 – Work: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes or service in so far as the disadvantage is because B has a shorter period of service than C. (2) If B's period of service exceeds 5 years, A may rely on sub-paragraph (1) only if A reasonably believes that doing so fulfils a business need. (3) A person's period of service is whichever of the following A chooses— (a) the period for which the person has been working for A at or above a level (assessed by reference to the demands made on the person) that A reasonably regards as appropriate for the purposes of this paragraph, or (b) the period for which the person has been working for A at any level. (4) The period for which a person has been working for A must be based on the number of weeks during the whole or part of which the person has worked for A. (5) But for that purpose A may, so far as is reasonable, discount— (a) periods of absence; (b) periods that A reasonably regards as related to periods of absence. (6) For the purposes of sub-paragraph (3)(b), a person is to be treated as having worked for A during any period in which the person worked for a person other than A if— (a) that period counts as a period of employment with A as a result of section 218 of the Employment Rights Act 1996, or (b) if sub-paragraph (a) does not apply, that period is treated as a period of employment by an enactment pursuant to which the person's employment was transferred to A. (7) For the purposes of this paragraph, the reference to a benefit, facility or service does not include a reference to a benefit, facility or service which may be provided only by virtue of a person's ceasing to work. The national minimum wage: young workers 11 (1) It is not an age contravention for a person to pay a young worker (A) at a lower rate than that at which the person pays an older worker (B) if— (a) the hourly rate for the national minimum wage for a person of A's age is lower than that for a person of B's age, and (b) the rate at which A is paid is below the single hourly rate. (2) A young worker is a person who qualifies for the national minimum wage at a lower rate than the single hourly rate; and an older worker is a person who qualifies for the national minimum wage at a higher rate than that at which the young worker qualifies for it. (3) The single hourly rate is the rate prescribed under section 1(3) of the National Minimum Wage Act 1998. The national minimum wage: apprentices 12 (1) It is not an age contravention for a person to pay an apprentice who does not qualify for the national minimum wage at a lower rate than the person pays an apprentice who does. (2) An apprentice is a person who— Equality Act 2010 (c. 15) 219 SCHEDULE 9 – Work: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) is employed under a contract of apprenticeship, or (b) as a result of provision made by virtue of section 3(2)(a) of the National Minimum Wage Act 1998 (persons not qualifying), is treated as employed under a contract of apprenticeship. Redundancy 13 (1) It is not an age contravention for a person to give a qualifying employee an enhanced redundancy payment of an amount less than that of an enhanced redundancy payment which the person gives to another qualifying employee, if each amount is calculated on the same basis. (2) It is not an age contravention to give enhanced redundancy payments only to those who are qualifying employees by virtue of sub-paragraph (3)(a) or (b). (3) A person is a qualifying employee if the person— (a) is entitled to a redundancy payment as a result of section 135 of the Employment Rights Act 1996, (b) agrees to the termination of the employment in circumstances where the person would, if dismissed, have been so entitled, (c) would have been so entitled but for section 155 of that Act (requirement for two years' continuous employment), or (d) agrees to the termination of the employment in circumstances where the person would, if dismissed, have been so entitled but for that section. (4) An enhanced redundancy payment is a payment the amount of which is, subject to sub-paragraphs (5) and (6), calculated in accordance with section 162(1) to (3) of the Employment Rights Act 1996. (5) A person making a calculation for the purposes of sub-paragraph (4)— (a) may treat a week's pay as not being subject to a maximum amount; (b) may treat a week's pay as being subject to a maximum amount above that for the time being specified in section 227(1) of the Employment Rights Act 1996; (c) may multiply the appropriate amount for each year of employment by a figure of more than one. (6) Having made a calculation for the purposes of sub-paragraph (4) (whether or not in reliance on sub-paragraph (5)), a person may multiply the amount calculated by a figure of more than one. (7) In sub-paragraph (5), “the appropriate amount” has the meaning given in section 162 of the Employment Rights Act 1996, and “a week's pay” is to be read with Chapter 2 of Part 14 of that Act. (8) For the purposes of sub-paragraphs (4) to (6), the reference to “the relevant date” in subsection (1)(a) of section 162 of that Act is, in the case of a person who is a qualifying employee by virtue of sub-paragraph (3)(b) or (d), to be read as reference to the date of the termination of the employment. 220 Equality Act 2010 (c. 15) SCHEDULE 9 – Work: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F205Insurance etc.] Textual Amendments F205 Sch. 9 para. 14 cross-heading substituted (6.4.2011) by virtue of The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 (S.I. 2011/1069), reg. 2(4) (with regs. 5, 9) 14 [F206(1) It is not an age contravention for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of an employee for a period ending when the employee attains whichever is the greater of— (a) the age of 65, and (b) the state pensionable age. (2) It is not an age contravention for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of only such employees as have not attained whichever is the greater of— (a) the age of 65, and (b) the state pensionable age. (3) Sub-paragraphs (1) and (2) apply only where the insurance or related financial service is, or is to be, provided to the employer's employees or a class of those employees— (a) in pursuance of an arrangement between the employer and another person, or (b) where the employer's business includes the provision of insurance or financial services of the description in question, by the employer. (4) The state pensionable age is the pensionable age determined in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995.] Textual Amendments F206 Sch. 9 para. 14 substituted (6.4.2011) by The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 (S.I. 2011/1069), reg. 2(4) (with regs. 5, 9) Child care 15 (1) A person does not contravene a relevant provision, so far as relating to age, only by providing, or making arrangements for or facilitating the provision of, care for children of a particular age group. (2) The relevant provisions are— (a) section 39(2)(b); (b) section 41(1)(c); (c) section 44(2)(b); (d) section 45(2)(b); (e) section 47(2)(b); (f) section 48(2)(b); (g) section 49(6)(b); (h) section 50(6)(b); Equality Act 2010 (c. 15) 221 SCHEDULE 9 – Work: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (i) section 57(2)(a); (j) section 58(3)(a). (3) Facilitating the provision of care for a child includes— (a) paying for some or all of the cost of the provision; (b) helping a parent of the child to find a suitable person to provide care for the child; (c) enabling a parent of the child to spend more time providing care for the child or otherwise assisting the parent with respect to the care that the parent provides for the child. (4) A child is a person who has not attained the age of 17. (5) A reference to care includes a reference to supervision. Contributions to personal pension schemes 16 (1) A Minister of the Crown may by order provide that it is not an age contravention for an employer to maintain or use, with respect to contributions to personal pension schemes, practices, actions or decisions relating to age which are of a specified description. (2) An order authorising the use of practices, actions or decisions which are not in use before the order comes into force must not be made unless the Minister consults such persons as the Minister thinks appropriate. (3) “Personal pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993; and “employer”, in relation to a personal pension scheme, has the meaning given in section 318(1) of the Pensions Act 2004. Commencement Information I131 Sch. 9 para. 16 wholly in force; para. 16 not in force at Royal Assent see s. 216; para. 16 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 9 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(i) (with art. 15) PART 3 OTHER EXCEPTIONS Non-contractual payments to women on maternity leave 17 (1) A person does not contravene section 39(1)(b) or (2), so far as relating to pregnancy and maternity, by depriving a woman who is on maternity leave of any benefit from the terms of her employment relating to pay. (2) The reference in sub-paragraph (1) to benefit from the terms of a woman's employment relating to pay does not include a reference to— (a) maternity-related pay (including maternity-related pay that is increase- related), (b) pay (including increase-related pay) in respect of times when she is not on maternity leave, or 222 Equality Act 2010 (c. 15) SCHEDULE 9 – Work: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (c) pay by way of bonus in respect of times when she is on compulsory maternity leave. (3) For the purposes of sub-paragraph (2), pay is increase-related in so far as it is to be calculated by reference to increases in pay that the woman would have received had she not been on maternity leave. (4) A reference to terms of her employment is a reference to terms of her employment that are not in her contract of employment, her contract of apprenticeship or her contract to do work personally. (5) “Pay” means benefits— (a) that consist of the payment of money to an employee by way of wages or salary, and (b) that are not benefits whose provision is regulated by the contract referred to in sub-paragraph (4). (6) “Maternity-related pay” means pay to which a woman is entitled— (a) as a result of being pregnant, or (b) in respect of times when she is on maternity leave. Benefits dependent on marital status, etc. 18 (1) A person does not contravene this Part of this Act, so far as relating to sexual orientation, by doing anything which prevents or restricts a person who is not [F207within sub-paragraph (1A)] from having access to a benefit, facility or service— (a) the right to which accrued before 5 December 2005 (the day on which section 1 of the Civil Partnership Act 2004 came into force), or (b) which is payable in respect of periods of service before that date. [F208(1A) A person is within this sub-paragraph if the person is— (a) a man who is married to a woman, or (b) a woman who is married to a man, or (c) married to a person of the same sex in a relevant gender change case. (1B) The reference in sub-paragraph (1A)(c) to a relevant gender change case is a reference to a case where— (a) the married couple were of the opposite sex at the time of their marriage, and (b) a full gender recognition certificate has been issued to one of the couple under the Gender Recognition Act 2004.] (2) A person does not contravene this Part of this Act, so far as relating to sexual orientation, by providing married persons and civil partners (to the exclusion of all other persons) with access to a benefit, facility or service. Textual Amendments F207 Words in Sch. 9 para. 18(1) substituted (13.3.2014 for specified purposes) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 17(2); S.I. 2014/93, art. 3(j)(iii) F208 Sch. 9 para. 18(1A)(1B) inserted (13.3.2014 for specified purposes) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 17(3); S.I. 2014/93, art. 3(j)(iii) Equality Act 2010 (c. 15) 223 SCHEDULE 9 – Work: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Provision of services etc. to the public 19 (1) A does not contravene a provision mentioned in sub-paragraph (2) in relation to the provision of a benefit, facility or service to B if A is concerned with the provision (for payment or not) of a benefit, facility or service of the same description to the public. (2) The provisions are— (a) section 39(2) and (4); (b) section 41(1) and (3); (c) sections 44(2) and (6) and 45(2) and (6); (d) sections 49(6) and (8) and 50(6), (7), (9) and (10). (3) Sub-paragraph (1) does not apply if— (a) the provision by A to the public differs in a material respect from the provision by A to comparable persons, (b) the provision to B is regulated by B's terms, or (c) the benefit, facility or service relates to training. (4) “Comparable persons” means— (a) in relation to section 39(2) or (4), the other employees; (b) in relation to section 41(1) or (3), the other contract workers supplied to the principal; (c) in relation to section 44(2) or (6), the other partners of the firm; (d) in relation to section 45(2) or (6), the other members of the LLP; (e) in relation to section 49(6) or (8) or 50(6), (7), (9) or (10), persons holding offices or posts not materially different from that held by B. (5) “B's terms” means— (a) the terms of B's employment, (b) the terms on which the principal allows B to do the contract work, (c) the terms on which B has the position as a partner or member, or (d) the terms of B's appointment to the office. (6) A reference to the public includes a reference to a section of the public which includes B. Insurance contracts, etc. 20 (1) It is not a contravention of this Part of this Act, so far as relating to relevant discrimination, to do anything in relation to an annuity, life insurance policy, accident insurance policy or similar matter involving the assessment of risk if— (a) that thing is done by reference to actuarial or other data from a source on which it is reasonable to rely, and (b) it is reasonable to do it. (2) “Relevant discrimination” is— (a) gender reassignment discrimination; (b) marriage and civil partnership discrimination; (c) pregnancy and maternity discrimination; (d) sex discrimination. 224 Equality Act 2010 (c. 15) SCHEDULE 10 – Accessibility for disabled pupils Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULE 10 Section 88 ACCESSIBILITY FOR DISABLED PUPILS Accessibility strategies 1 (1) A local authority in England and Wales must, in relation to schools for which it is the responsible body, prepare— (a) an accessibility strategy; (b) further such strategies at such times as may be prescribed. (2) An accessibility strategy is a strategy for, over a prescribed period— (a) increasing the extent to which disabled pupils can participate in the schools' curriculums; (b) improving the physical environment of the schools for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and benefits, facilities or services provided or offered by the schools; (c) improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled. (3) The delivery in sub-paragraph (2)(c) must be— (a) within a reasonable time; (b) in ways which are determined after taking account of the pupils' disabilities and any preferences expressed by them or their parents. (4) An accessibility strategy must be in writing. (5) A local authority must keep its accessibility strategy under review during the period to which it relates and, if necessary, revise it. (6) A local authority must implement its accessibility strategy. 2 (1) In preparing its accessibility strategy, a local authority must have regard to— (a) the need to allocate adequate resources for implementing the strategy; (b) guidance as to the matters mentioned in sub-paragraph (3). (2) The authority must also have regard to guidance as to compliance with paragraph 1(5). (3) The matters are— (a) the content of an accessibility strategy; (b) the form in which it is to be produced; (c) persons to be consulted in its preparation. (4) Guidance may be issued— (a) for England, by a Minister of the Crown; (b) for Wales, by the Welsh Ministers. (5) A local authority must, if asked, make a copy of its accessibility strategy available for inspection at such reasonable times as it decides. (6) A local authority in England must, if asked by a Minister of the Crown, give the Minister a copy of its accessibility strategy. Equality Act 2010 (c. 15) 225 SCHEDULE 10 – Accessibility for disabled pupils Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (7) A local authority in Wales must, if asked by the Welsh Ministers, give them a copy of its accessibility strategy. Accessibility plans 3 (1) The responsible body of a school in England and Wales must prepare— (a) an accessibility plan; (b) further such plans at such times as may be prescribed. (2) An accessibility plan is a plan for, over a prescribed period— (a) increasing the extent to which disabled pupils can participate in the school's curriculum, (b) improving the physical environment of the school for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and benefits, facilities or services provided or offered by the school, and (c) improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled. (3) The delivery in sub-paragraph (2)(c) must be— (a) within a reasonable time; (b) in ways which are determined after taking account of the pupils' disabilities and any preferences expressed by them or their parents. (4) An accessibility plan must be in writing. (5) The responsible body must keep its accessibility plan under review during the period to which it relates and, if necessary, revise it. (6) The responsible body must implement its accessibility plan. (7) A relevant inspection may extend to the performance by the responsible body of its functions in relation to the preparation, publication, review, revision and implementation of its accessibility plan. (8) A relevant inspection is an inspection under— (a) Part 1 of the Education Act 2005, or (b) Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation and inspection of independent education provision in England). 4 (1) In preparing an accessibility plan, the responsible body must have regard to the need to allocate adequate resources for implementing the plan. (2) The proprietor of an independent educational institution (other than an Academy) must, if asked, make a copy of the school's accessibility plan available for inspection at such reasonable times as the proprietor decides. (3) The proprietor of an independent educational institution in England (other than an Academy) must, if asked by a Minister of the Crown, give the Minister a copy of the school's accessibility plan. (4) The proprietor of an independent school in Wales (other than an Academy) must, if asked by the Welsh Ministers, give them a copy of the school's accessibility plan. 226 Equality Act 2010 (c. 15) SCHEDULE 10 – Accessibility for disabled pupils Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Power of direction 5 (1) This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body— (a) has acted or is proposing to act unreasonably in the discharge of a duty under this Schedule, or (b) has failed to discharge such a duty. (2) This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body of a school specified in sub-paragraph (3)— (a) has acted or is proposing to act unreasonably in the discharge of a duty the body has in relation to the provision to the authority of copies of the body's accessibility plan or the inspection of that plan, or (b) has failed to discharge the duty. (3) The schools are— (a) schools approved under section 342 of the Education Act 1996 (non- maintained special schools); [ (b) Academy schools; F209 (c) alternative provision Academies.] (4) This sub-paragraph applies if a Tribunal has made an order under paragraph 5 of Schedule 17 and the appropriate authority is satisfied (whether or not on a complaint) that the responsible body concerned— (a) has acted or is proposing to act unreasonably in complying with the order, or (b) has failed to comply with the order. (5) If sub-paragraph (1), (2) or (4) applies, the appropriate authority may give a responsible body such directions as the authority thinks expedient as to— (a) the discharge by the body of the duty, or (b) compliance by the body with the order. (6) A direction may be given in relation to sub-paragraph (1) or (2) even if the performance of the duty is contingent on the opinion of the responsible body. (7) A direction may not, unless sub-paragraph (8) applies, be given to the responsible body of a school in England in respect of a matter— (a) that has been complained about to a Local Commissioner in accordance with Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 (parental complaints against governing bodies etc.), or (b) that the appropriate authority thinks could have been so complained about. (8) This sub-paragraph applies if— (a) the Local Commissioner has made a recommendation to the responsible body under section 211(4) of the Apprenticeships, Skills, Children and Learning Act 2009 (statement following investigation) in respect of the matter, and (b) the responsible body has not complied with the recommendation. (9) A direction— (a) may be varied or revoked by the appropriate authority; Equality Act 2010 (c. 15) 227 SCHEDULE 10 – Accessibility for disabled pupils Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) may be enforced, on the application of the appropriate authority, by a mandatory order obtained in accordance with section 31 of the Senior Courts Act 1981. (10) The appropriate authority is— (a) in relation to the responsible body of a school in England, the Secretary of State; (b) in relation to the responsible body of a school in Wales, the Welsh Ministers. Textual Amendments F209 Sch. 10 para. 5(3)(b)(c) substituted (1.4.2012) for para. 5(3)(b) by Education Act 2011 (c. 21), s. 54(1), Sch. 13 para. 20(3); S.I. 2012/924, art. 2 Supplementary 6 (1) This paragraph applies for the purposes of this Schedule. (2) Regulations may prescribe services which are, or are not, to be regarded as being— (a) education; (b) a benefit, facility or service. (3) The power to make regulations is exercisable by— (a) in relation to England, a Minister of the Crown; (b) in relation to Wales, the Welsh Ministers. (4) “Disabled pupil” includes a disabled person who may be admitted to the school as a pupil. (5) “Responsible body” means— (a) in relation to a maintained school or a maintained nursery school, the local authority or governing body; (b) in relation to a pupil referral unit, the local authority; (c) in relation to an independent educational institution [F210or an alternative provision Academy that is not an independent educational institution], the proprietor; (d) in relation to a special school not maintained by a local authority, the proprietor. (6) “Governing body”, in relation to a maintained school, means the body corporate (constituted in accordance with regulations under section 19 of the Education Act 2002) which the school has as a result of that section. (7) “Maintained school” has the meaning given in section 20 of the School Standards and Framework Act 1998; and “maintained nursery school” has the meaning given in section 22 of that Act. Textual Amendments F210 Words in Sch. 10 para. 6(5)(c) inserted (E.W.) (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), arts. 1, 2, Sch. para. 27 228 Equality Act 2010 (c. 15) SCHEDULE 11 – Schools: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULE 11 Section 89 SCHOOLS: EXCEPTIONS PART 1 SEX DISCRIMINATION Admission to single-sex schools 1 (1) Section 85(1), so far as relating to sex, does not apply in relation to a single-sex school. (2) A single-sex school is a school which— (a) admits pupils of one sex only, or (b) on the basis of the assumption in sub-paragraph (3), would be taken to admit pupils of one sex only. (3) That assumption is that pupils of the opposite sex are to be disregarded if— (a) their admission to the school is exceptional, or (b) their numbers are comparatively small and their admission is confined to particular courses or classes. (4) In the case of a school which is a single-sex school by virtue of sub-paragraph (3)(b), section 85(2)(a) to (d), so far as relating to sex, does not prohibit confining pupils of the same sex to particular courses or classes. Single-sex boarding at schools 2 (1) Section 85(1), so far as relating to sex, does not apply in relation to admission as a boarder to a school to which this paragraph applies. (2) Section 85(2)(a) to (d), so far as relating to sex, does not apply in relation to boarding facilities at a school to which this paragraph applies. (3) This paragraph applies to a school (other than a single-sex school) which has some pupils as boarders and others as non-boarders and which— (a) admits as boarders pupils of one sex only, or (b) on the basis of the assumption in sub-paragraph (4), would be taken to admit as boarders pupils of one sex only. (4) That assumption is that pupils of the opposite sex admitted as boarders are to be disregarded if their numbers are small compared to the numbers of other pupils admitted as boarders. Single-sex schools turning co-educational 3 (1) If the responsible body of a single-sex school decides to alter its admissions arrangements so that the school will cease to be a single-sex school, the body may apply for a transitional exemption order in relation to the school. (2) If the responsible body of a school to which paragraph 2 applies decides to alter its admissions arrangements so that the school will cease to be one to which that Equality Act 2010 (c. 15) 229 SCHEDULE 11 – Schools: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes paragraph applies, the body may apply for a transitional exemption order in relation to the school. (3) A transitional exemption order in relation to a school is an order which, during the period specified in the order as the transitional period, authorises— (a) sex discrimination by the responsible body of the school in the arrangements it makes for deciding who is offered admission as a pupil; (b) the responsible body, in the circumstances specified in the order, not to admit a person as a pupil because of the person's sex. (4) Paragraph 4 applies in relation to the making of transitional exemption orders. (5) The responsible body of a school does not contravene this Act, so far as relating to sex discrimination, if— (a) in accordance with a transitional exemption order, or (b) pending the determination of an application for a transitional exemption order in relation to the school, it does not admit a person as a pupil because of the person's sex. 4 (1) In the case of a maintained school within the meaning given by section 32 of the Education and Inspections Act 2006, a transitional exemption order may be made in accordance with such provision as is made in regulations under section 21 of that Act (orders made by local authority or adjudicator in relation to schools in England). (2) In the case of a school in Wales maintained by a local authority, a transitional exemption order may be made in accordance with [F211section 82 of, or Part 3 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013] (orders made by Welsh Ministers). (3) In the case of a school in Scotland managed by an education authority or in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980— (a) the responsible body may submit to the Scottish Ministers an application for the making of a transitional exemption order, and (b) the Scottish Ministers may make the order. (4) F212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) [F213Where proposals are made to the Welsh Ministers under section 113A of the Learning and Skills Act 2000 for an alteration in the admissions arrangements of a single-sex school or a school to which paragraph 2 applies— (a) the making of the proposals is to be treated as an application to the Welsh Ministers for the making of a transitional exemption order, and (b) the Welsh Ministers may make the order.] (6) In the case of a school in England or Wales not coming within sub-paragraph (1), (2), (4) or (5) or an independent school in Scotland— (a) the responsible body may submit to the Commission an application for the making of a transitional exemption order, and (b) the Commission may make the order. (7) An application under sub-paragraph (6) must specify— (a) the period proposed by the responsible body as the transitional period to be specified in the order, 230 Equality Act 2010 (c. 15) SCHEDULE 11 – Schools: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) the stages within that period by which the body proposes to move to the position where section 85(1)(a) and (c), so far as relating to sex, is complied with, and (c) any other matters relevant to the terms and operation of the order applied for. (8) The Commission must not make an order on an application under sub-paragraph (6) unless satisfied that the terms of the application are reasonable, having regard to— (a) the nature of the school's premises, (b) the accommodation, equipment and facilities available, and (c) the responsible body's financial resources. Textual Amendments F211 Words in Sch. 11 para. 4(2) substituted (E.W.) (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 28(2)(a); S.I. 2013/1800, art. 3(j) F212 Sch. 11 para. 4(4) omitted (1.10.2010) by virtue of The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 10 F213 Sch. 11 para. 4(5) omitted (E.W.) (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 28(2)(b); S.I. 2013/1800, art. 3(j) PART 2 RELIGIOUS OR BELIEF-RELATED DISCRIMINATION School with religious character etc. 5 Section 85(1) and (2)(a) to (d), so far as relating to religion or belief, does not apply in relation to— (a) a school designated under section 69(3) of the School Standards and Framework Act 1998 (foundation or voluntary school with religious character); (b) a school [F214(other than an alternative provision Academy)] listed in the register of independent schools for England or for Wales, if the school's entry in the register records that the school has a religious ethos; (c) a school transferred to an education authority under section 16 of the Education (Scotland) Act 1980 (transfer of certain schools to education authorities) which is conducted in the interest of a church or denominational body; (d) a school provided by an education authority under section 17(2) of that Act (denominational schools); (e) a grant-aided school (within the meaning of that Act) which is conducted in the interest of a church or denominational body; (f) a school registered in the register of independent schools for Scotland if the school admits only pupils who belong, or whose parents belong, to one or more particular denominations; (g) a school registered in that register if the school is conducted in the interest of a church or denominational body. Equality Act 2010 (c. 15) 231 SCHEDULE 11 – Schools: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F214 Words in Sch. 11 para. 5(b) inserted (E.W.) (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), arts. 1, 2, Sch. para. 28 Curriculum, worship, etc. 6 Section 85(2)(a) to (d), so far as relating to religion or belief, does not apply in relation to anything done in connection with acts of worship or other religious observance organised by or on behalf of a school (whether or not forming part of the curriculum). Power to amend 7 (1) A Minister of the Crown may by order amend this Part of this Schedule— (a) so as to add, vary or omit an exception to section 85; (b) so as to make provision about the construction or application of section 19(2) (d) in relation to section 85. (2) The power under sub-paragraph (1) is exercisable only in relation to religious or belief-related discrimination. (3) Before making an order under this paragraph the Minister must consult— (a) the Welsh Ministers, (b) the Scottish Ministers, and (c) such other persons as the Minister thinks appropriate. PART 3 DISABILITY DISCRIMINATION Permitted form of selection 8 (1) A person does not contravene section 85(1), so far as relating to disability, only by applying a permitted form of selection. (2) In relation to England and Wales, a permitted form of selection is— (a) in the case of a maintained school which is not designated as a grammar school under section 104 of the School Standards and Framework Act 1998, a form of selection mentioned in section 99(2) or (4) of that Act; (b) in the case of a maintained school which is so designated, its selective admission arrangements (within the meaning of section 104 of that Act); (c) in the case of an independent educational institution, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude. (3) In relation to Scotland, a permitted form of selection is— (a) in the case of a school managed by an education authority, arrangements approved by the Scottish Ministers for the selection of pupils for admission; 232 Equality Act 2010 (c. 15) SCHEDULE 12 – Further and higher education exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) in the case of an independent school, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude. (4) “Maintained school” has the meaning given in section 22 of the School Standards and Framework Act 1998. SCHEDULE 12 Section 94 FURTHER AND HIGHER EDUCATION EXCEPTIONS PART 1 SINGLE-SEX INSTITUTIONS, ETC. Admission to single-sex institutions 1 (1) Section 91(1), so far as relating to sex, does not apply in relation to a single-sex institution. (2) A single-sex institution is an institution to which section 91 applies, which— (a) admits students of one sex only, or (b) on the basis of the assumption in sub-paragraph (3), would be taken to admit students of one sex only. (3) That assumption is that students of the opposite sex are to be disregarded if— (a) their admission to the institution is exceptional, or (b) their numbers are comparatively small and their admission is confined to particular courses or classes. (4) In the case of an institution which is a single-sex institution by virtue of sub- paragraph (3)(b), section 91(2)(a) to (d), so far as relating to sex, does not prohibit confining students of the same sex to particular courses or classes. Single-sex institutions turning co-educational 2 (1) If the responsible body of a single-sex institution decides to alter its admissions arrangements so that the institution will cease to be a single-sex institution, the body may apply for a transitional exemption order in relation to the institution. (2) A transitional exemption order relating to an institution is an order which, during the period specified in the order as the transitional period, authorises— (a) sex discrimination by the responsible body of the institution in the arrangements it makes for deciding who is offered admission as a student; (b) the responsible body, in the circumstances specified in the order, not to admit a person as a student because of the person's sex. (3) Paragraph 3 applies in relation to the making of a transitional exemption order. (4) The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if — Equality Act 2010 (c. 15) 233 SCHEDULE 12 – Further and higher education exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) in accordance with a transitional exemption order, or (b) pending the determination of an application for a transitional exemption order in relation to the institution, it does not admit a person as a student because of the person's sex. (5) The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if — (a) in accordance with a transitional exemption order, or (b) pending the determination of an application for a transitional exemption order in relation to the institution, it discriminates in the arrangements it makes for deciding who is offered admission as a student. 3 (1) In the case of a single-sex institution— (a) its responsible body may submit to the Commission an application for the making of a transitional exemption order, and (b) the Commission may make the order. (2) An application under sub-paragraph (1) must specify— (a) the period proposed by the responsible body as the transitional period to be specified in the order, (b) the stages, within that period, by which the body proposes to move to the position where section 91(1)(a) and (c), so far as relating to sex, is complied with, and (c) any other matters relevant to the terms and operation of the order applied for. (3) The Commission must not make an order on an application under sub-paragraph (1) unless satisfied that the terms of the application are reasonable, having regard to— (a) the nature of the institution's premises, (b) the accommodation, equipment and facilities available, and (c) the responsible body's financial resources. PART 2 OTHER EXCEPTIONS Occupational requirements 4 A person (P) does not contravene section 91(1) or (2) if P shows that P's treatment of another person relates only to training that would help fit that other person for work the offer of which the other person could be refused in reliance on Part 1 of Schedule 9. Institutions with a religious ethos 5 (1) The responsible body of an institution which is designated for the purposes of this paragraph does not contravene section 91(1), so far as relating to religion or belief, if, in the admission of students to a course at the institution— (a) it gives preference to persons of a particular religion or belief, (b) it does so to preserve the institution's religious ethos, and 234 Equality Act 2010 (c. 15) SCHEDULE 13 – Education: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (c) the course is not a course of vocational training. (2) A Minister of the Crown may by order designate an institution if satisfied that the institution has a religious ethos. Commencement Information I132 Sch. 12 para. 5 wholly in force; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 12 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(6)(h) (with art. 15) Benefits dependent on marital status, etc. 6 A person does not contravene section 91, so far as relating to sexual orientation, by providing married persons and civil partners (to the exclusion of all other persons) with access to a benefit, facility or service. Child care 7 (1) A person does not contravene section 91(2)(b) or (d), so far as relating to age, only by providing, or making arrangements for or facilitating the provision of, care for children of a particular age group. (2) Facilitating the provision of care for a child includes— (a) paying for some or all of the cost of the provision; (b) helping a parent of the child to find a suitable person to provide care for the child; (c) enabling a parent of the child to spend more time providing care for the child or otherwise assisting the parent with respect to the care that the parent provides for the child. (3) A child is a person who has not attained the age of 17. (4) A reference to care includes a reference to supervision. SCHEDULE 13 Section 98 EDUCATION: REASONABLE ADJUSTMENTS Preliminary 1 This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part. The duty for schools 2 (1) This paragraph applies where A is the responsible body of a school to which section 85 applies. (2) A must comply with the first and third requirements. Equality Act 2010 (c. 15) 235 SCHEDULE 13 – Education: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) For the purposes of this paragraph— (a) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; (b) the reference in section 20(3) or (5) to a disabled person is— (i) in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally; (ii) in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled pupils generally. (4) In relation to each requirement, the relevant matters are— (a) deciding who is offered admission as a pupil; (b) provision of education or access to a benefit, facility or service. Commencement Information I133 Sch. 13 para. 2 wholly in force at 1.9.2012; para. 2 not in force at Royal Assent see s. 216; para. 2 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(6)(i)(i); para. 2 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(b) The duty for further or higher education institutions 3 (1) This paragraph applies where A is the responsible body of an institution to which section 91 applies. (2) A must comply with the first, second and third requirements. (3) For the purposes of this paragraph— (a) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; (b) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A; (c) the reference in section 20(3), (4) or (5) to a disabled person is— (i) in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally; (ii) in relation to a relevant matter within sub-paragraph (4)(b) or (c), a reference to disabled students generally; (iii) in relation to a relevant matter within sub-paragraph (4)(d) or (e) below, a reference to an interested disabled person. (4) In relation to each requirement, the relevant matters are— (a) deciding who is offered admission as a student; (b) provision of education; (c) access to a benefit, facility or service; (d) deciding on whom a qualification is conferred; (e) a qualification that A confers. 4 (1) An interested disabled person is a disabled person who, in relation to a relevant matter specified in the first column of the table, is of a description specified in the second column. 236 Equality Act 2010 (c. 15) SCHEDULE 13 – Education: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Case Description of disabled person Deciding upon whom to confer a A person who is, or has notified A that qualification. the person may be, an applicant for the conferment of the qualification. A qualification that A confers. An applicant for the conferment by A of the qualification. A person on whom A confers the qualification. (2) A provision, criterion or practice does not include the application of a competence standard. (3) A competence standard is an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability. The duty relating to certain other further or higher education courses 5 (1) This paragraph applies where A is the responsible body in relation to a course to which section 92 applies. (2) A must comply with the first, second and third requirements; but if A is the governing body of a maintained school (within the meaning given by that section), A is not required to comply with the second requirement. (3) For the purposes of this paragraph— (a) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; (b) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A; (c) the reference in section 20(3), (4) or (5) to a disabled person is— (i) in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally; (ii) in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled persons generally who are enrolled on the course. (4) In relation to each requirement, the relevant matters are— (a) arrangements for enrolling persons on a course of further or higher education secured by A; (b) services provided by A for persons enrolled on the course. Commencement Information I134 Sch. 13 para. 5 wholly in force at 1.9.2012; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(6)(i)(ii); para. 5 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(b) Equality Act 2010 (c. 15) 237 SCHEDULE 13 – Education: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes The duty relating to recreational or training facilities 6 (1) This paragraph applies where A is the responsible body in relation to facilities to which section 93 applies. (2) A must comply with the first, second and third requirements. (3) For the purposes of this paragraph— (a) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; (b) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A; (c) the reference in section 20(3), (4) or (5) to a disabled person is a reference to disabled persons generally. (4) In relation to each requirement, the relevant matter is A's arrangements for providing the recreational or training facilities. Code of practice 7 In deciding whether it is reasonable for A to have to take a step for the purpose of complying with the first, second or third requirement, A must have regard to relevant provisions of a code of practice issued under section 14 of the Equality Act 2006. Confidentiality requests 8 (1) This paragraph applies if a person has made a confidentiality request of which A is aware. (2) In deciding whether it is reasonable for A to have to take a step in relation to that person so as to comply with the first, second or third requirement, A must have regard to the extent to which taking the step is consistent with the request. (3) In a case within paragraph 2, a “confidentiality request” is a request— (a) that the nature or existence of a disabled person's disability be treated as confidential, and (b) which satisfies either of the following conditions. (4) The first condition is that the request is made by the person's parent. (5) The second condition is that— (a) it is made by the person, and (b) A reasonably believes that the person has sufficient understanding of the nature and effect of the request. (6) In a case within paragraph 3, a “confidentiality request” is a request by a disabled person that the nature or existence of the person's disability be treated as confidential. The duty for general qualifications bodies 9 (1) This paragraph applies where A is a qualifications body for the purposes of section 96. 238 Equality Act 2010 (c. 15) SCHEDULE 14 – Educational charities and endowments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a qualifications body as they apply to a responsible body. (3) This paragraph is subject to section 96(7). SCHEDULE 14 Section 99 EDUCATIONAL CHARITIES AND ENDOWMENTS Educational charities 1 (1) This paragraph applies to a trust deed or other instrument— (a) which concerns property applicable for or in connection with the provision of education in an establishment in England and Wales to which section 85 or 91 applies, and (b) which in any way restricts the benefits available under the instrument to persons of one sex. (2) Sub-paragraph (3) applies if, on the application of the trustees or the responsible body (within the meaning of that section), a Minister of the Crown is satisfied that the removal or modification of the restriction would be conducive to the advancement of education without sex discrimination. (3) The Minister may by order make such modifications of the instrument as appear to the Minister expedient for removing or modifying the restriction. (4) If the trust was created by a gift or bequest, an order must not be made until the end of the period of 25 years after the date when the gift or bequest took effect. (5) Sub-paragraph (4) does not apply if the donor or the personal representatives of the donor or testator consent in writing to making the application for the order. (6) The Minister must require the applicant to publish a notice— (a) containing particulars of the proposed order; (b) stating that representations may be made to the Minister within a period specified in the notice. (7) The period must be not less than one month beginning with the day after the date of the notice. (8) The applicant must publish the notice in the manner specified by the Minister. (9) The cost of publication may be paid out of the property of the trust. (10) Before making the order, the Minister must take account of representations made in accordance with the notice. Educational endowments 2 (1) This paragraph applies to an educational endowment— (a) to which section 104 of the Education (Scotland) Act 1980 applies, and Equality Act 2010 (c. 15) 239 SCHEDULE 14 – Educational charities and endowments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) which in any way restricts the benefit of the endowment to persons of one sex. (2) Sub-paragraph (3) applies if, on the application of the governing body of an educational endowment, the Scottish Ministers are satisfied that the removal or modification of the provision which restricts the benefit of the endowment to persons of one sex would be conducive to the advancement of education without sex discrimination. (3) The Scottish Ministers may by order make such provision as they think expedient for removing or modifying the restriction. (4) If the Scottish Ministers propose to make such an order they must publish a notice in such manner as they think sufficient for giving information to persons they think may be interested in the endowment— (a) containing particulars of the proposed order; (b) stating that representations may be made with respect to the proposal within such period as is specified in the notice. (5) The period must be not less than one month beginning with the day after the date of publication of the notice. (6) The cost of publication is to be paid out of the funds of the endowment to which the notice relates. (7) Before making an order, the Scottish Ministers— (a) must consider representations made in accordance with the notice; (b) may cause a local inquiry to be held into the representations under section 67 of the Education (Scotland) Act 1980. (8) A reference to an educational endowment includes a reference to— (a) a scheme made or approved for the endowment under Part 6 of the Education (Scotland) Act 1980; (b) in the case of an endowment the governing body of which is entered in the Scottish Charity Register, a scheme approved for the endowment under section 39 or 40 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10); (c) an endowment which is, by virtue of section 108(1) of the Education (Scotland) Act 1980, treated as if it were an educational endowment (or which would, but for the disapplication of that section by section 122(4) of that Act, be so treated); (d) a university endowment, the Carnegie Trust, a theological endowment and a new endowment. (9) Expressions used in this paragraph and in Part 6 of the Education (Scotland) Act 1980 have the same meaning in this paragraph as in that Part. 240 Equality Act 2010 (c. 15) SCHEDULE 15 – Associations: reasonable adjustments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULE 15 Section 107 ASSOCIATIONS: REASONABLE ADJUSTMENTS Preliminary 1 This Schedule applies where a duty to make reasonable adjustments is imposed on an association (A) by this Part. The duty 2 (1) A must comply with the first, second and third requirements. (2) For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is a reference to disabled persons who— (a) are, or are seeking to become or might wish to become, members, (b) are associates, or (c) are, or are likely to become, guests. (3) Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” there were substituted— “(a) to avoid the disadvantage, or (b) to adopt a reasonable alternative method of affording access to the benefit, facility or service or of admitting persons to membership or inviting persons as guests.” (4) In relation to the first and third requirements, the relevant matters are— (a) access to a benefit, facility or service; (b) members' or associates' retaining their rights as such or avoiding having them varied; (c) being admitted to membership or invited as a guest. (5) In relation to the second requirement, the relevant matters are— (a) access to a benefit, facility or service; (b) being admitted to membership or invited as a guest. (6) In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of or for the purpose of providing a benefit, facility or service, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies). (7) Nothing in this paragraph requires A to take a step which would fundamentally alter— (a) the nature of the benefit, facility or service concerned, or (b) the nature of the association. (8) Nor does anything in this paragraph require a member or associate in whose house meetings of the association take place to make adjustments to a physical feature of the house. Equality Act 2010 (c. 15) 241 SCHEDULE 16 – Associations: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULE 16 Section 107 ASSOCIATIONS: EXCEPTIONS Single characteristic associations 1 (1) An association does not contravene section 101(1) by restricting membership to persons who share a protected characteristic. (2) An association that restricts membership to persons who share a protected characteristic does not breach section 101(3) by restricting the access by associates to a benefit, facility or service to such persons as share the characteristic. (3) An association that restricts membership to persons who share a protected characteristic does not breach section 102(1) by inviting as guests, or by permitting to be invited as guests, only such persons as share the characteristic. (4) Sub-paragraphs (1) to (3), so far as relating to race, do not apply in relation to colour. (5) This paragraph does not apply to an association that is a registered political party. Commencement Information I135 Sch. 16 para. 1 wholly in force at 1.10.2012; para. 1 not in force at Royal Assent see s. 216; para. 1 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(7)(d) (with art. 15); para. 1 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(e) [F215Age Textual Amendments F215 Sch. 16 para. 1A and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 8 1A (1) An association does not contravene section 101(1) or (2), so far as relating to age discrimination, by giving a concession on admission to membership for— (a) persons of a particular age group, or (b) persons who have been members of the association for more than a number of years specified by the association for this purpose. (2) An association does not contravene section 101(2) or (3), so far as relating to age discrimination, by giving a concession on access to a benefit, facility or service for— (a) members of a particular age group, or (b) persons who have been members of the association for more than a number of years specified by the association for this purpose. (3) An association does not contravene section 102(1), so far as relating to age discrimination, by giving a concession on invitations of persons of a particular age group as guests. (4) An association does not contravene section 102(2), so far as relating to age discrimination, by giving a concession on access to a benefit, facility or service for guests of a particular age group. 242 Equality Act 2010 (c. 15) SCHEDULE 16 – Associations: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (5) For the purposes of this paragraph, affording only persons of a particular age group access to a benefit, facility or service for a limited time is to be regarded as a concession. (6) The reference to a concession in respect of something done by an association is a reference to a benefit, right or privilege having the effect that the manner in which, or the terms on which, it does it are more favourable than the manner in which, or the terms on which, it usually does the thing.] Health and safety 2 (1) An association (A) does not discriminate against a pregnant woman in contravention of section 101(1)(b) because she is pregnant if— (a) the terms on which A is prepared to admit her to membership include a term intended to remove or reduce a risk to her health or safety, (b) A reasonably believes that admitting her to membership on terms which do not include that term would create a risk to her health or safety, (c) the terms on which A is prepared to admit persons with other physical conditions to membership include a term intended to remove or reduce a risk to their health or safety, and (d) A reasonably believes that admitting them to membership on terms which do not include that term would create a risk to their health or safety. (2) Sub-paragraph (1) applies to section 102(1)(b) as it applies to section 101(1)(b); and for that purpose a reference to admitting a person to membership is to be read as a reference to inviting the person as a guest or permitting the person to be invited as a guest. (3) An association (A) does not discriminate against a pregnant woman in contravention of section 101(2)(a) or (3)(a) or 102(2)(a) because she is pregnant if— (a) the way in which A affords her access to a benefit, facility or service is intended to remove or reduce a risk to her health or safety, (b) A reasonably believes that affording her access to the benefit, facility or service otherwise than in that way would create a risk to her health or safety, (c) A affords persons with other physical conditions access to the benefit, facility or service in a way that is intended to remove or reduce a risk to their health or safety, and (d) A reasonably believes that affording them access to the benefit, facility or service otherwise than in that way would create a risk to their health or safety. (4) An association (A) which does not afford a pregnant woman access to a benefit, facility or service does not discriminate against her in contravention of section 101(2) (a) or (3)(a) or 102(2)(a) because she is pregnant if— (a) A reasonably believes that affording her access to the benefit, facility or service would, because she is pregnant, create a risk to her health or safety, (b) A does not afford persons with other physical conditions access to the benefit, facility or service, and (c) the reason for not doing so is that A reasonably believes that affording them access to the benefit, facility or service would create a risk to their health or safety. Equality Act 2010 (c. 15) 243 SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (5) An association (A) does not discriminate against a pregnant woman under section 101(2)(c) or (3)(c) because she is pregnant if— (a) the variation of A's terms of membership, or rights as an associate, is intended to remove or reduce a risk to her health or safety, (b) A reasonably believes that not making the variation to A's terms or rights would create a risk to her health or safety, (c) A varies the terms of membership, or rights as an associate, of persons with other physical conditions, (d) the variation of their terms or rights is intended to remove or reduce a risk to their health or safety, and (e) A reasonably believes that not making the variation to their terms or rights would create a risk to their health or safety. Commencement Information I136 Sch. 16 para. 2 wholly in force at 1.10.2012; para. 2 not in force at Royal Assent see s. 216; para. 2 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(7)(d) (with art. 15); para. 2 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(e) SCHEDULE 17 Section 116 DISABLED PUPILS: ENFORCEMENT Modifications etc. (not altering text) C18 Sch. 17: power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 18(2)(c) (as amended by S.I. 2011/1651, art. 12(b)); S.I. 2012/320, art. 2(g) PART 1 INTRODUCTORY 1 In this Schedule— “the Tribunal” means— (a) in relation to a school in England, the First-tier Tribunal; (b) in relation to a school in Wales, the [F216Education Tribunal for Wales]; (c) in relation to a school in Scotland, [F217the First-tier Tribunal for Scotland]; “the English Tribunal” means the First-tier Tribunal; “the Welsh Tribunal” means the [F218Education Tribunal for Wales]; “the Scottish Tribunal” means [F217the First-tier Tribunal for Scotland]; “responsible body” is to be construed in accordance with section 85. 244 Equality Act 2010 (c. 15) SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F216 Words in Sch. 17 para. 1 substituted (E.W.) (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(a)(i); S.I. 2021/373, art. 8(j)(xxxiii) F217 Words in Sch. 17 para. 1 substituted (S.) (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 4(4)(a) F218 Words in Sch. 17 para. 1 substituted (E.W.) (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(a)(ii); S.I. 2021/373, art. 8(j)(xxxiii) Commencement Information I137 Sch. 17 para. 1 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 para. 1 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 17 Pt. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7) PART 2 TRIBUNALS IN ENGLAND AND WALES Introductory 2 This Part of this Schedule applies in relation to the English Tribunal and the Welsh Tribunal. Commencement Information I138 Sch. 17 para. 2 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7) Jurisdiction [F219— England F220...] Textual Amendments F219 Words in Sch. 17 para. 3 cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 9(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 3); S.I. 2012/320, art. 3(f) F220 Words in Sch. 17 para. 3 heading omitted (E.W.) (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(b); S.I. 2021/373, art. 8(j) (xxxiii) 3 A claim that a responsible body [F221in England] has contravened Chapter 1 of Part 6 because of a person's disability may be made [F222— (a) to the English Tribunal by the person's parent or, if the person is over compulsory school age, the person; F223 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .] Equality Act 2010 (c. 15) 245 SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F221 Words in Sch. 17 para. 3 inserted (E.W.) (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(c)(i); S.I. 2021/373, art. 8(j)(xxxiii) F222 Words in Sch. 17 para. 3 substituted (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 60, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505) F223 Sch. 17 para. 3(b) omitted (E.W.) (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(c)(ii); S.I. 2021/373, art. 8(j)(xxxiii) Commencement Information I139 Sch. 17 para. 3 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7) [F224Jurisdiction — Wales Textual Amendments F224 Sch. 17 para. 3A and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 9(3) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 3); S.I. 2012/320, art. 3(f) 3A (1) A claim that a responsible body for a school in Wales has contravened Chapter 1 of Part 6 in relation to a person because of disability may be made to the Tribunal by— [ (a) the person (including a child not over compulsory school age), or F225 (b) if the person is a child not over compulsory school age, the person's parent]. (2) But this paragraph does not apply to a claim to which paragraph 13 or 14 applies. F226 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The exercise of rights under this paragraph is subject to provision made by regulations under paragraphs 6 and [F2276A(7)].] Textual Amendments F225 Sch. 17 para. 3A(1)(a)(b) substituted for words in Sch. 17 para. 3A(1) (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(d)(i); S.I. 2021/373, art. 8(j)(xxxiii) F226 Sch. 17 para. 3A(3) omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(d)(ii); S.I. 2021/373, art. 8(j)(xxxiii) F227 Word in Sch. 17 para. 3A(4) substituted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(d)(iii); S.I. 2021/373, art. 8(j)(xxxiii) Modifications etc. (not altering text) C19 Sch. 17 para. 3A(1)(a) modified (W.) (1.9.2021) by The Equality Act 2010 (Capacity of parents and persons over compulsory school age) (Wales) Regulations 2021 (S.I. 2021/403), regs. 1(2), 4 C20 Sch. 17 para. 3A(1)(b) modified (W.) (1.9.2021) by The Equality Act 2010 (Capacity of parents and persons over compulsory school age) (Wales) Regulations 2021 (S.I. 2021/403), regs. 1(2), 3 246 Equality Act 2010 (c. 15) SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Time for bringing proceedings 4 (1) Proceedings on a claim may not be brought after the end of the period of 6 months starting with the date when the conduct complained of occurred. F228 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F229(2A) If, in relation to proceedings or prospective proceedings on a claim under paragraph 3 or 3A, the dispute is referred for resolution in pursuance of arrangements under paragraph 6C F230... before the end of the period of 6 months mentioned in sub- paragraph (1), that period is extended by 3 months.] (3) The Tribunal may consider a claim which is out of time. (4) Sub-paragraph (3) does not apply if the Tribunal has previously decided under that sub-paragraph not to consider a claim. (5) For the purposes of sub-paragraph (1)— (a) if the contravention is attributable to a term in a contract, the conduct is to be treated as extending throughout the duration of the contract; (b) conduct extending over a period is to be treated as occurring at the end of the period; (c) failure to do something is to be treated as occurring when the person in question decided on it. (6) In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something— (a) when P acts inconsistently with doing it, or (b) if P does not act inconsistently, on the expiry of the period in which P might reasonably have been expected to do it. Textual Amendments F228 Sch. 17 para. 4(2) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(14)(a), 103(2) F229 Sch. 17 para. 4(2A) inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 10(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 4); S.I. 2012/320, art. 3(g) F230 Words in Sch. 17 para. 4(2A) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(14)(b), 103(2) Commencement Information I140 Sch. 17 para. 4 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7) Powers 5 (1) This paragraph applies if the Tribunal finds that the contravention has occurred. (2) The Tribunal may make such order as it thinks fit. (3) The power under sub-paragraph (2)— (a) may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person of any matter to which the claim relates; Equality Act 2010 (c. 15) 247 SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) does not include power to order the payment of compensation. Commencement Information I141 Sch. 17 para. 5 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7) Procedure 6 (1) This paragraph applies in relation to the Welsh Tribunal. (2) The Welsh Ministers may by regulations make provision as to— (a) the proceedings on a claim under paragraph F231... [F2323A]; (b) the making of a claim. (3) The regulations may, in particular, include provision— (a) as to the manner in which a claim must be made; (b) for enabling functions relating to preliminary or incidental matters (including in particular a decision under paragraph 4(3) to be performed by the President or by the person occupying the chair); (c) enabling hearings to be conducted in the absence of a member other than the person occupying the chair; [ (ca) for adding and substituting parties;] F233 (d) as to persons who may appear on behalf of the parties; (e) for granting such rights to disclosure or inspection of documents or to further particulars as may be granted by the county court; (f) requiring persons to attend to give evidence and produce documents; (g) for authorising the administration of oaths to witnesses; (h) for deciding claims without a hearing in prescribed circumstances; (i) as to the withdrawal of claims; (j) for enabling the Tribunal to stay proceedings; (k) for the award of costs or expenses; (l) for settling costs or expenses (and, in particular, for enabling costs to be assessed in the county court); (m) for the registration and proof of decisions and orders; (n) for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be decided in accordance with the regulations. (4) Proceedings must be held in private, except in prescribed circumstances. (5) The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as they may decide. (6) Part 1 of the Arbitration Act 1996 does not apply to the proceedings, but regulations may make provision in relation to such proceedings that corresponds to a provision of that Part. (7) The regulations may make provision for a claim to be heard, in prescribed circumstances, with an appeal under [F234Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018]. 248 Equality Act 2010 (c. 15) SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (8) A person commits an offence by failing to comply with— (a) a requirement in respect of the disclosure or inspection of documents imposed by virtue of sub-paragraph (3)(e), or (b) a requirement imposed by virtue of sub-paragraph (3)(f). (9) A person guilty of the offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Textual Amendments F231 Words in Sch. 17 para. 6(2)(a) omitted (E.W.) (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(e)(i); S.I. 2021/373, art. 8(j)(xxxiii) F232 Words in Sch. 17 para. 6(2)(a) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 11(2)(a) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 5); S.I. 2012/320, art. 2(d) F233 Sch. 17 para. 6(3)(ca) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 11(2)(b) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 5); S.I. 2012/320, art. 2(d) F234 Words in Sch. 17 para. 6(7) substituted (E.W.) (1.9.2021 for specified purposes, 1.1.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(e)(ii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3(o)(xviii); S.I. 2021/1244, art. 3(o)(xviii); S.I. 2021/1245, arts. 3(o)(xviii), 4 (with art. 1(4)) Commencement Information I142 Sch. 17 para. 6 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 para. 6(1)- (7) in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 17 Pt. 2 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7) [F235Appeals from the Welsh Tribunal Textual Amendments F235 Sch. 17 para. 6AA and cross-heading inserted (E.W.) (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(f); S.I. 2021/373, art. 8(j) (xxxiii) 6AA (1) A party to any proceedings on a claim under paragraph (3A) before the Welsh Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the Welsh Tribunal in those proceedings. (2) An appeal may be brought under sub-paragraph (1) only if, on an application made by the party concerned, the Welsh Tribunal or the Upper Tribunal has given its permission. (3) Section 12 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (proceedings on appeal to the Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this paragraph as it applies in relation to appeals to it under section 11 of Equality Act 2010 (c. 15) 249 SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes that Act, but as if references to the First-tier Tribunal were references to the Welsh Tribunal.] [F236Case friends — Wales Textual Amendments F236 Sch. 17 para. 6A and cross-heading inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 12(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 6); S.I. 2012/320, art. 2(e) [ (1) This paragraph applies to a child not over compulsory school age who— F237 6A (a) has the right to make a claim under paragraph 3A, and (b) lacks the capacity to understand what it means to exercise that right. (2) The Education Tribunal for Wales may by order— (a) appoint a person to be a case friend for a child to whom this section applies, or (b) remove the person from being a case friend for the child, on the application of any person or on its own initiative, subject to provision in regulations under sub-paragraph (7). (3) A case friend appointed for a child under this paragraph may— (a) represent and support the child, and (b) take decisions and act on behalf of the child, in respect of matters arising under or by virtue of this Schedule, subject to provision in regulations under sub-paragraph (7). (4) Where a person is appointed to be a case friend by order of the Tribunal under this paragraph, the right of a child to make a claim under paragraph 3A is to be exercised by the case friend on behalf of the child. (5) A case friend appointed under this paragraph must— (a) act fairly and competently, (b) not have any interest adverse to that of the child, (c) ensure that all steps and decisions taken by the case friend are for the benefit of the child, and (d) take account of the child's views, so far as possible. (6) In deciding whether to appoint a person to be a case friend, or to remove a person from being a case friend, the Tribunal must have regard, in particular, to whether the person is likely to comply (in the case of appointment) or has complied (in the case of removal) with the duty in sub-paragraph (5). (7) The Welsh Ministers may by regulations make further provision about case friends, including (among other things) provision— (a) conferring functions on the Education Tribunal for Wales; (b) conferring functions on case friends; (c) for procedures in relation to case friends; (d) specifying the circumstances in which a person may or may not act as a case friend; 250 Equality Act 2010 (c. 15) SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (e) specifying the circumstances in which a child must have a case friend; (f) specifying requirements in respect of the conduct of case friends; (g) applying any enactment with or without modifications for the purpose of enabling a case friend to make decisions or act on behalf of a child in respect of matters arising under or by virtue of this Schedule.]] Textual Amendments F237 Sch. 17 para. 6A substituted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(g); S.I. 2020/1182, reg. 3(1)(n); S.I. 2021/373, art. 8(j)(xxxiii) [F238Advice and information — Wales Textual Amendments F238 Sch. 17 para. 6B and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 13(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 7); S.I. 2012/320, art. 3(h) 6B (1) A local authority in Wales must arrange for any disabled child in its area and for the case friend of any such child to be provided with advice and information about matters relating to disability discrimination in schools. (2) In making the arrangements, the local authority must have regard to any guidance given by the Welsh Ministers. (3) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements. (4) The local authority must take such steps as it considers appropriate for making the services provided under sub-paragraph (1) known to— (a) disabled children in its area, (b) parents of disabled children in its area, (c) head teachers and proprietors of schools in its area, and (d) such other persons as it considers appropriate.] [F239Resolution of disputes — Wales Textual Amendments F239 Sch. 17 para. 6C and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 14(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 8); S.I. 2012/320, art. 3(i) 6C (1) A local authority in Wales must make arrangements with a view to avoiding or resolving disagreements between responsible bodies and disabled children in its area about contraventions of Chapter 1 of Part 6. Equality Act 2010 (c. 15) 251 SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) The arrangements must provide for the appointment of independent persons with the functions of facilitating the avoidance or resolution of such disagreements. (3) In making the arrangements, the local authority must have regard to any guidance given by the Welsh Ministers. (4) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements. (5) The local authority must take such steps as it considers appropriate for making the arrangements under sub-paragraph (1) known to— (a) disabled children in its area, (b) parents of disabled children in its area, (c) head teachers and proprietors of schools in its area, and (d) such other persons as it considers appropriate. (6) The arrangements cannot affect the entitlement of any person to make a claim to the Tribunal, and the local authority must take such steps as it considers appropriate to make that fact known to disabled children, to parents of disabled children and to case friends for disabled children in its area.] [F240Independent advocacy services — Wales Textual Amendments F240 Sch. 17 para. 6D and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 15(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 9); S.I. 2012/320, art. 3(j) 6D (1) Every local authority in Wales must— (a) make arrangements for the provision of independent advocacy services in its area; (b) refer any disabled child in its area who requests independent advocacy services to a service provider; (c) refer any person who is a case friend for a disabled child in its area and who requests independent advocacy services to a service provider. (2) In this paragraph “independent advocacy services” are services providing advice and assistance (by way of representation or otherwise) to a disabled child who is— (a) making, or intending to make a claim that a responsible body has contravened Chapter 1 of Part 6 because of the child's disability; or (b) considering whether to make such a claim; or (c) taking part in or intending to take part in dispute resolution arrangements made under paragraph 6C. (3) In making arrangements under this paragraph, every local authority must have regard to the principle that any services provided under the arrangements must be independent of any person who is— (a) the subject of a claim to the Tribunal, or (b) involved in investigating or adjudicating on such a claim. 252 Equality Act 2010 (c. 15) SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (4) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements. (5) Every local authority in Wales must take such steps as it considers appropriate for making the arrangements under this paragraph known to— (a) disabled children in its area, (b) parents of disabled children in its area, (c) head teachers and proprietors of schools in its area, and (d) such other persons as it considers appropriate. (6) The arrangements may include provision for payments to be made to, or in relation to, any person carrying out functions in accordance with the arrangements. (7) A local authority must have regard to any guidance given from time to time by the Welsh Ministers.] [F241Power of direction — Wales Textual Amendments F241 Sch. 17 para. 6E and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 16(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 10); S.I. 2012/320, art. 3(k) 6E (1) If the Welsh Ministers are satisfied (whether on a complaint or otherwise) that a local authority— (a) has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under paragraph 6B, 6C or 6D, or (b) has failed to discharge a duty imposed by or under any of those paragraphs, they may give that local authority such directions as to the discharge of the duty as appear to them to be expedient. (2) A direction may be given under sub-paragraph (1) even if the performance of the duty is contingent on the opinion of the local authority. (3) A direction— (a) may be varied or revoked by the Welsh Ministers; (b) may be enforced, on the application of the Welsh Ministers, by a mandatory order obtained in accordance with section 31 of the Senior Courts Act 1981.] [F242Capacity of parents and persons over compulsory school age - Wales Textual Amendments F242 Sch. 17 para. 6F inserted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(h); S.I. 2020/1182, reg. 3(1)(n); S.I. 2021/373, art. 8(j)(xxxiii) Equality Act 2010 (c. 15) 253 SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 6F (1) The Welsh Ministers must make regulations for the purpose of a claim that a responsible body for a school in Wales has contravened Chapter 1 of Part 6 in relation to a person because of disability in a case to which sub-paragraph (2) or (3) applies. (2) This sub-paragraph applies where the person is a child not over compulsory school age and the parent of the person lacks capacity at the relevant time. (3) This sub-paragraph applies where the person is over compulsory school age and lacks capacity at the relevant time. (4) Regulations under sub-paragraph (1) may include provision applying any enactment with modifications, including (for example) provision for modifications to have effect despite section 27(1)(g) of the Mental Capacity Act 2005 (c. 9) (which does not permit decisions on discharging parental responsibilities in matters not relating to a child's property to be made on a person's behalf). (5) In this paragraph “the relevant time” means the time at which, under this Act, something is required or permitted to be done by or in relation to a parent or a person over compulsory school age. (6) The reference in this paragraph to lacking capacity is to lacking capacity within the meaning of the Mental Capacity Act 2005. (7) “Representative”, in relation to a parent or a person over compulsory school age, means— (a) a deputy appointed by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 to make decisions on the parent's or person's behalf in relation to matters within this Schedule; (b) the donee of a lasting power of attorney (within the meaning of section 9 of that Act) appointed by the parent or person to make decisions on his or her behalf in relation to matters within this Schedule; (c) an attorney in whom an enduring power of attorney (within the meaning of Schedule 4 to that Act) created by the parent or person is vested, where the power of attorney is registered in accordance with paragraphs 4 and 13 of that Schedule or an application for registration of the power of attorney has been made.] PART 3 TRIBUNALS IN SCOTLAND Introductory 7 This Part of this Schedule applies in relation to the Scottish Tribunal. Commencement Information I143 Sch. 17 para. 7 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7) 254 Equality Act 2010 (c. 15) SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Jurisdiction 8 A claim that a responsible body has contravened Chapter 1 of Part 6 because of a person's disability may be made to the Tribunal by— (a) the person's parent; (b) where the person has capacity to make the claim, the person. Commencement Information I144 Sch. 17 para. 8 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7) Powers 9 (1) This paragraph applies if the Tribunal finds the contravention has occurred. (2) The Tribunal may make such order as it thinks fit. (3) The power under sub-paragraph (2)— (a) may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person of any matter to which the claim relates; (b) does not include power to order the payment of compensation. Commencement Information I145 Sch. 17 para. 9 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7) Procedure etc. 10 (1) The Scottish Ministers may make rules as to— (a) the proceedings on a claim under paragraph 8; (b) the making of a claim. (2) The rules may, in particular, include provision for or in connection with— (a) the form and manner in which a claim must be made; (b) the time within which a claim is to be made; (c) the withdrawal of claims; (d) the recovery and inspection of documents; (e) the persons who may appear on behalf of the parties; (f) the persons who may be present at proceedings alongside any party or witness to support the party or witness; (g) enabling specified persons other than the parties to appear or be represented in specified circumstances; (h) requiring specified persons to give notice to other specified persons of specified matters; Equality Act 2010 (c. 15) 255 SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (i) the time within which any such notice must be given; (j) enabling Tribunal proceedings to be conducted in the absence of any member of a Tribunal other than the convener; (k) enabling any matters that are preliminary or incidental to the determination of proceedings to be determined by the convenor of a Tribunal alone or with such other members of the Tribunal as may be specified; (l) enabling Tribunals to be held in private; (m) enabling a Tribunal to exclude any person from attending all or part of Tribunal proceedings; (n) enabling a Tribunal to impose reporting restrictions in relation to all or part of Tribunal proceedings; (o) enabling a Tribunal to determine specified matters without holding a hearing; (p) the recording and publication of decisions and orders of a Tribunal; (q) enabling a Tribunal to commission medical and other reports in specified circumstances; (r) requiring a Tribunal to take specified actions, or to determine specified proceedings, within specified periods; (s) enabling a Tribunal to make an award of expenses; (t) the taxation or assessment of such expenses; (u) enabling a Tribunal, in specified circumstances, to review, or to vary or revoke, any of its decisions, orders or awards; (v) enabling a Tribunal, in specified circumstances, to review the decisions, orders or awards of another Tribunal and take such action (including variation and revocation) in respect of those decisions, orders or awards as it thinks fit. Commencement Information I146 Sch. 17 para. 10 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7) Appeals F243 11 ................................ Textual Amendments F243 Sch. 17 para. 11 repealed (S.) (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 4(4)(b) Amendment of Education (Additional Support for Learning) (Scotland) Act 2004 12 The Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) is amended as follows— 256 Equality Act 2010 (c. 15) SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) in section 17(1), omit “to exercise the functions which are conferred on a Tribunal by virtue of this Act”; (b) after section 17(1), insert— “(1A) Tribunals are to exercise the functions which are conferred on them by virtue of— (a) this Act, and (b) the Equality Act 2010”; (c) in the definition of “Tribunal functions” in paragraph 1 of Schedule 1, after “Act” insert “ or the Equality Act 2010 ”. Commencement Information I147 Sch. 17 para. 12 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7) PART 4 ADMISSIONS AND EXCLUSIONS Admissions 13 (1) This paragraph applies if appeal arrangements have been made in relation to admissions decisions. (2) A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an admissions decision must be made under the appeal arrangements. (3) The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements. (4) Appeal arrangements are arrangements under— (a) section 94 of the School Standards and Framework Act 1998, or [ (b) Academy arrangements (as defined in section 1 of the Academies Act 2010) F244 between the responsible body for an Academy and the Secretary of State,] enabling an appeal to be made by the person's parent against the decision. (5) An admissions decision is— (a) a decision of a kind mentioned in section 94(1) or (2) of the School Standards and Framework Act 1998; (b) a decision as to the admission of a person to an [F245Academy school or an alternative provision Academy] taken by the responsible body or on its behalf. Equality Act 2010 (c. 15) 257 SCHEDULE 17 – Disabled pupils: enforcement Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F244 Sch. 17 para. 13(4)(b) substituted (1.2.2012) by Education Act 2011 (c. 21), s. 65, Sch. 15 para. 2; S.I. 2012/84, art. 3 F245 Words in Sch. 17 para. 13(5)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 54(1), Sch. 13 para. 20(4); S.I. 2012/924, art. 2 Commencement Information I148 Sch. 17 para. 13 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 4 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(iii) (with art. 15, and subject to transitional provision in art. 7) Exclusions [F246: Wales] Textual Amendments F246 Word in Sch. 17 para. 14 cross-heading inserted (1.9.2012) by Education Act 2011 (c. 21), s. 4(4), Sch. 1 para. 12; S.I. 2012/1087, art. 3 14 (1) This paragraph applies if appeal arrangements have been made in relation to exclusion decisions [F247that are made in relation to schools in Wales]. (2) A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an exclusion decision must be made under the appeal arrangements. (3) The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements. [F248(4) Appeal arrangements are arrangements under section 52(3) of the Education Act 2002 enabling an appeal to be made against an exclusion decision.] (5) An exclusion decision is— (a) a decision of a kind mentioned in 52(3) of the Education Act 2002; (b) F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) “Responsible body”, in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under section 19 of the Education Act 2002. (7) “Maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998. Textual Amendments F247 Words in Sch. 17 para. 14(1) inserted (1.9.2012) by Education Act 2011 (c. 21), s. 4(4), Sch. 1 para. 13(a); S.I. 2012/1087, art. 3 F248 Sch. 17 para. 14(4) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 4(4), Sch. 1 para. 13(b); S.I. 2012/1087, art. 3 F249 Sch. 17 para. 14(5)(b) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), s. 4(4), Sch. 1 para. 13(c); S.I. 2012/1087, art. 3 258 Equality Act 2010 (c. 15) SCHEDULE 18 – Public sector equality duty: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Commencement Information I149 Sch. 17 para. 14 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 4 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(iii) (with art. 15, and subject to transitional provision in art. 7) SCHEDULE 18 Section 149 PUBLIC SECTOR EQUALITY DUTY: EXCEPTIONS Children 1 (1) Section 149, so far as relating to age, does not apply to the exercise of a function relating to— (a) the provision of education to pupils in schools; (b) the provision of benefits, facilities or services to pupils in schools; (c) the provision of accommodation, benefits, facilities or services in community homes pursuant to section 53(1) of the Children Act 1989; (d) the provision of accommodation, benefits, facilities or services pursuant to arrangements under section 82(5) of that Act (arrangements by the Secretary of State relating to the accommodation of children); (e) the provision of accommodation, benefits, facilities or services in residential establishments pursuant to section 26(1)(b) of the Children (Scotland) Act 1995. (2) “Pupil” and “school” each have the same meaning as in Chapter 1 of Part 6. Immigration 2 (1) In relation to the exercise of immigration and nationality functions, section 149 has effect as if subsection (1)(b) did not apply to the protected characteristics of age, race or religion or belief; but for that purpose “race” means race so far as relating to— (a) nationality, or (b) ethnic or national origins. (2) “Immigration and nationality functions” means functions exercisable by virtue of— (a) the Immigration Acts (excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to criminal offences), (b) the British Nationality Act 1981, (c) the British Nationality (Falkland Islands) Act 1983, (d) the British Nationality (Hong Kong) Act 1990, (e) the Hong Kong (War Wives and Widows) Act 1996, (f) the British Nationality (Hong Kong) Act 1997, (g) the Special Immigration Appeals Commission Act 1997, or (h) [F250anything which forms part of retained EU law by virtue of section 2(2) (a), 3 or 4 of the European Union (Withdrawal) Act 2018 and] relates to the subject matter of an enactment within paragraphs (a) to (g). Equality Act 2010 (c. 15) 259 SCHEDULE 18 – Public sector equality duty: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F250 Words in Sch. 18 para. 2(2)(h) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(8); 2020 c. 1, Sch. 5 para. 1(1) Judicial functions, etc. 3 (1) Section 149 does not apply to the exercise of— (a) a judicial function; (b) a function exercised on behalf of, or on the instructions of, a person exercising a judicial function. (2) The references to a judicial function include a reference to a judicial function conferred on a person other than a court or tribunal. Exceptions that are specific to section 149(2) 4 (1) Section 149(2) (application of section 149(1) to persons who are not public authorities but by whom public functions are exercisable) does not apply to— (a) a person listed in sub-paragraph (2); (b) the exercise of a function listed in sub-paragraph (3). (2) Those persons are— (a) the House of Commons; (b) the House of Lords; (c) the Scottish Parliament; (d) the National Assembly for Wales; (e) the General Synod of the Church of England; (f) the Security Service; (g) the Secret Intelligence Service; (h) the Government Communications Headquarters; (i) a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters. (3) Those functions are— (a) a function in connection with proceedings in the House of Commons or the House of Lords; (b) a function in connection with proceedings in the Scottish Parliament (other than a function of the Scottish Parliamentary Corporate Body); (c) a function in connection with proceedings in the National Assembly for Wales (other than a function of the Assembly Commission). Power to amend Schedule 5 (1) A Minister of the Crown may by order amend this Schedule so as to add, vary or omit an exception to section 149. (2) But provision by virtue of sub-paragraph (1) may not amend this Schedule— (a) so as to omit an exception in paragraph 3; 260 Equality Act 2010 (c. 15) SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) so as to omit an exception in paragraph 4(1) so far as applying for the purposes of paragraph 4(2)(a) to (e) or (3); (c) so as to reduce the extent to which an exception referred to in paragraph (a) or (b) applies. SCHEDULE 19 Section 150 PUBLIC AUTHORITIES PART 1 PUBLIC AUTHORITIES: GENERAL Ministers of the Crown and government departments A Minister of the Crown. A government department other than the Security Service, the Secret Intelligence Service or the Government Communications Headquarters. Armed forces Any of the armed forces other than any part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters. [F251Broadcasting Textual Amendments F251 Sch. 19 Pt. 1 entries inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 2 The British Broadcasting Corporation (“ BBC ”), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003); and the reference to the BBC includes a reference to a body corporate which— (a) is a wholly owned subsidiary of the BBC , (b) is not operated with a view to generating a profit, and (c) undertakes activities primarily in order to promote the BBC 's public purposes. The Channel Four Television Corporation, except in respect of— (a) functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003), and (b) the function of carrying on the activities referred to in section 199 of that Act. The Welsh Authority (as defined by section 56(1) of the Broadcasting Act 1990), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003).] Equality Act 2010 (c. 15) 261 SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F252Citizens' rights Textual Amendments F252 Words in Sch. 19 Pt. 1 inserted (19.3.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 2 para. 21 (with Sch. 2 para. 37); S.I. 2020/317, reg. 3(b)(ii) The Independent Monitoring Authority for the Citizens' Rights Agreements.] [F253Civil liberties Textual Amendments F253 Sch. 19 Pt. 1 entries inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 2 The Commission for Equality and Human Rights. The Information Commissioner.] [F254Court services and legal services Textual Amendments F254 Sch. 19 Pt. 1 entries inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 2 The Children and Family Court Advisory and Support Service. The Judicial Appointments Commission. The Legal Services Board. F255 ................................] Textual Amendments F255 Sch. 19 Pt. 1 entry omitted (1.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 39(1), Sch. 5 para. 70; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6) Textual Amendments F255 Sch. 19 Pt. 1 entry omitted (1.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 39(1), Sch. 5 para. 70; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6) 262 Equality Act 2010 (c. 15) SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F256Criminal justice Textual Amendments F256 Sch. 19 Pt. 1 entries inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 2 Her Majesty's Chief Inspector of Constabulary. Her Majesty's Chief Inspector of the Crown Prosecution Service. Her Majesty's Chief Inspector of Prisons. Her Majesty's Chief Inspector of Probation for England and Wales. The Parole Board for England and Wales. A probation trust established by an order made under section 5(1) of the Offender Management Act 2007. The Youth Justice Board for England and Wales.] [F257Environment, housing and development Textual Amendments F257 Sch. 19 Pt. 1: entries inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 2 The Homes and Communities Agency. Natural England. [F258The Office for Environmental Protection.] F259 ... F260 ...] Textual Amendments F258 Sch. 19 Pt. 1: entry inserted (17.11.2021) by Environment Act 2021 (c. 30), s. 147(3), Sch. 1 para. 23 (with s. 144); S.I. 2021/1274, reg. 2(i) F259 Sch. 19 Pt. 1: entry repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 178, 237, Sch. 16 para. 62, Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) F260 Sch. 19 Pt. 1: entry omitted (2.12.2014) by virtue of The Olympic Delivery Authority (Dissolution) Order 2014 (S.I. 2014/3184), art. 1(2), Sch. para. 15 Textual Amendments F258 Sch. 19 Pt. 1: entry inserted (17.11.2021) by Environment Act 2021 (c. 30), s. 147(3), Sch. 1 para. 23 (with s. 144); S.I. 2021/1274, reg. 2(i) F259 Sch. 19 Pt. 1: entry repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 178, 237, Sch. 16 para. 62, Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) F260 Sch. 19 Pt. 1: entry omitted (2.12.2014) by virtue of The Olympic Delivery Authority (Dissolution) Order 2014 (S.I. 2014/3184), art. 1(2), Sch. para. 15 Equality Act 2010 (c. 15) 263 SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F261Health, social care and social security] Textual Amendments F261 Sch. 19 Pt. 1 entries and related heading substituted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 3 [F262[F263The National Health Service Commissioning Board. A clinical commissioning group established under section 14D of the National Health Service Act 2006.] The Care Quality Commission. [F264The Commissioner for Patient Safety.] F265 ................................ F266 [ Health Education England.] [F267The Health Research Authority.] The Health Service Commissioner for England, in respect of— (a) the Commissioner's functions set out in paragraph 11 of Schedule 1 to the Health Service Commissioners Act 1993; and (b) the Commissioner's public procurement functions (as defined in section 155(3) of this Act). F268 [ Monitor]. An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006. F269 ................................ F270 ................................ A Special Health Authority established under section 28 of that Act other than NHS Blood and Transplant and the NHS Business Services Authority. F271 ................................ F272 [ The Health and Social Care Information Centre.] [F273The National Data Guardian for Health and Social Care.] [F274The National Institute for Health and Care Excellence.]] Textual Amendments F262 Sch. 19 Pt. 1 entries and related heading substituted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 3 F263 Sch. 19 Pt. 1 entries inserted (27.3.2012 for specified purposes otherwise 1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 55(2), 306(1)(d), Sch. 5 para. 182(a); S.I. 2012/1831, art. 2(2) F264 Words in Sch. 19 Pt. 1 inserted (11.4.2021) by Medicines and Medical Devices Act 2021 (c. 3), s. 50(2) (a), Sch. 1 para. 5(5) (with Sch. 1 para. 3(4)) F265 Sch. 19 Pt. 1 entry omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), arts. 1(2), 3(2), Sch. para. 109(e) F266 Words in Sch. 19 Pt. 1 inserted (E.W.) (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 5 para. 35; S.I. 2014/3186, art. 2(f) 264 Equality Act 2010 (c. 15) SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F267 Words in Sch. 19 Pt. 1 inserted (1.1.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 7 para. 27; S.I. 2014/2473, art. 5(m) F268 Sch. 19 Pt. 1 entry substituted (27.3.2012 for specified purposes otherwise 1.7.2012) by Health and Social Care Act 2012 (c. 7), ss. 150(5), 306(1)(d), Sch. 13 para. 19; S.I. 2012/1319, art. 2(3) F269 Sch. 19 Pt. 1 entry omitted (27.3.2012 for specified purposes otherwise prosp.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 179(6), 306(1)(d)(4), Sch. 14 para. 116 (with s. 179(5)(b)) F270 Sch. 19 Pt. 1 entry omitted (27.3.2012 for specified purposes otherwise 1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 55(2), 306(1)(d), Sch. 5 para. 182(c); S.I. 2013/160, art. 2(2) F271 Sch. 19 Pt. 1 entry omitted (27.3.2012 for specified purposes otherwise 1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 55(2), 306(1)(d), Sch. 5 para. 182(d); S.I. 2013/160, art. 2(2) F272 Sch. 19 Pt. 1 entry added (27.3.2012 for specified purposes otherwise 1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 277, 306(1)(d), Sch. 19 para. 13; S.I. 2013/160, art. 2(2) F273 Words in Sch. 19 Pt. 1 inserted (E.W.) (1.4.2019) by Health and Social Care (National Data Guardian) Act 2018 (c. 31), s. 5(1), Sch. 2 para. 5; S.I. 2019/580, reg. 2 F274 Sch. 19 Pt. 1 entry added (27.3.2012 for specified purposes otherwise 1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 249(1), 306(1)(d), Sch. 17 para. 14; S.I. 2013/160, art. 2(2) Textual Amendments F262 Sch. 19 Pt. 1 entries and related heading substituted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 3 F263 Sch. 19 Pt. 1 entries inserted (27.3.2012 for specified purposes otherwise 1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 55(2), 306(1)(d), Sch. 5 para. 182(a); S.I. 2012/1831, art. 2(2) F264 Words in Sch. 19 Pt. 1 inserted (11.4.2021) by Medicines and Medical Devices Act 2021 (c. 3), s. 50(2) (a), Sch. 1 para. 5(5) (with Sch. 1 para. 3(4)) F265 Sch. 19 Pt. 1 entry omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), arts. 1(2), 3(2), Sch. para. 109(e) F266 Words in Sch. 19 Pt. 1 inserted (E.W.) (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 5 para. 35; S.I. 2014/3186, art. 2(f) F267 Words in Sch. 19 Pt. 1 inserted (1.1.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 7 para. 27; S.I. 2014/2473, art. 5(m) F268 Sch. 19 Pt. 1 entry substituted (27.3.2012 for specified purposes otherwise 1.7.2012) by Health and Social Care Act 2012 (c. 7), ss. 150(5), 306(1)(d), Sch. 13 para. 19; S.I. 2012/1319, art. 2(3) F269 Sch. 19 Pt. 1 entry omitted (27.3.2012 for specified purposes otherwise prosp.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 179(6), 306(1)(d)(4), Sch. 14 para. 116 (with s. 179(5)(b)) F270 Sch. 19 Pt. 1 entry omitted (27.3.2012 for specified purposes otherwise 1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 55(2), 306(1)(d), Sch. 5 para. 182(c); S.I. 2013/160, art. 2(2) F271 Sch. 19 Pt. 1 entry omitted (27.3.2012 for specified purposes otherwise 1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 55(2), 306(1)(d), Sch. 5 para. 182(d); S.I. 2013/160, art. 2(2) F272 Sch. 19 Pt. 1 entry added (27.3.2012 for specified purposes otherwise 1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 277, 306(1)(d), Sch. 19 para. 13; S.I. 2013/160, art. 2(2) F273 Words in Sch. 19 Pt. 1 inserted (E.W.) (1.4.2019) by Health and Social Care (National Data Guardian) Act 2018 (c. 31), s. 5(1), Sch. 2 para. 5; S.I. 2019/580, reg. 2 F274 Sch. 19 Pt. 1 entry added (27.3.2012 for specified purposes otherwise 1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 249(1), 306(1)(d), Sch. 17 para. 14; S.I. 2013/160, art. 2(2) Equality Act 2010 (c. 15) 265 SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F275 Industry, business, finance etc. Textual Amendments F275 Sch. 19 Pt. 1 entries inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 4 The Advisory, Conciliation and Arbitration Service. The Bank of England [F276(including the Bank in its capacity as the Prudential Regulation Authority)], in respect of its public functions. [F277The Board of the Pension Protection Fund.] The Civil Aviation Authority. F278 ... F277 [ The Coal Authority.] F279 ... F280 [ The Comptroller and Auditor General.] [F277The Construction Industry Training Board.] [F277The Engineering Construction Industry Training Board.] [F281The Financial Conduct Authority.] [F282The Financial Reporting Council Limited.] [F283The Money and Pensions Service.] The National Audit Office. [F277The Nuclear Decommissioning Authority.] [F284The Office for Budget Responsibility.] The Office of Communications. [F285The Office of Tax Simplification.] [F277The Oil and Gas Authority.] [F286The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.] [F287The Trade Remedies Authority.] F288 ... F289 ... F290 [ United Kingdom Research and Innovation.]] Textual Amendments F276 Words in Sch. 19 Pt. 1 inserted (1.3.2017) by The Bank of England and Financial Services (Consequential Amendments) Regulations 2017 (S.I. 2017/80), reg. 1, Sch. para. 19(a) F277 Words in Sch. 19 Pt. 1 inserted (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 2(b) (with reg. 2(4)(5)) F278 Sch. 19 Pt. 1 entry omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 182 (with art. 3) F279 Words in Sch. 19 Pt. 1 omitted (31.3.2017) by virtue of The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 2(a) (with reg. 2(4)(5)) 266 Equality Act 2010 (c. 15) SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F280 Sch. 19 Pt. 1 entry inserted (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 26(2), Sch. 5 para. 34; S.I. 2011/2576, art. 5 F281 Sch. 19 Pt. 1 entry substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 114(1), Sch. 18 para. 131(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch. F282 Words in Sch. 19 Pt. 1 inserted (6.4.2021) by The Financial Reporting Council (Miscellaneous Provisions) Order 2021 (S.I. 2021/408), arts. 1, 2(2) F283 Words in Sch. 19 Pt. 1 inserted (6.4.2019) by The Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019 (S.I. 2019/383), reg. 1(1), Sch. para. 9(b) F284 Sch. 19 Pt. 1 entry inserted (4.4.2011) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 3(2), Sch. 1 para. 28; S.I. 2011/892, art. 3, Sch. 2 F285 Words in Sch. 19 Pt. 1 inserted (28.11.2016) by Finance Act 2016 (c. 24), s. 189, Sch. 25 para. 15; S.I. 2016/1133, reg. 2 F286 Sch. 19 Pt. 1 entry inserted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 4 para. 16; S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1 F287 Words in Sch. 19 Pt. 1 inserted (1.6.2021) by Trade Act 2021 (c. 10), Sch. 4 para. 40; S.I. 2021/550, reg. 3(c) F288 Words in Sch. 19 Pt. 1 omitted (6.4.2019) by virtue of The Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019 (S.I. 2019/383), reg. 1(1), Sch. para. 9(a) F289 Words in Sch. 19 Pt. 1 omitted (1.3.2017) by virtue of The Bank of England and Financial Services (Consequential Amendments) Regulations 2017 (S.I. 2017/80), reg. 1, Sch. para. 19(b) F290 Words in Sch. 19 Pt. 1 inserted (30.3.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 9 para. 23; S.I. 2018/241, reg. 3(d) Textual Amendments F276 Words in Sch. 19 Pt. 1 inserted (1.3.2017) by The Bank of England and Financial Services (Consequential Amendments) Regulations 2017 (S.I. 2017/80), reg. 1, Sch. para. 19(a) F277 Words in Sch. 19 Pt. 1 inserted (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 2(b) (with reg. 2(4)(5)) F278 Sch. 19 Pt. 1 entry omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 182 (with art. 3) F279 Words in Sch. 19 Pt. 1 omitted (31.3.2017) by virtue of The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 2(a) (with reg. 2(4)(5)) F280 Sch. 19 Pt. 1 entry inserted (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 26(2), Sch. 5 para. 34; S.I. 2011/2576, art. 5 F281 Sch. 19 Pt. 1 entry substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 114(1), Sch. 18 para. 131(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch. F282 Words in Sch. 19 Pt. 1 inserted (6.4.2021) by The Financial Reporting Council (Miscellaneous Provisions) Order 2021 (S.I. 2021/408), arts. 1, 2(2) F283 Words in Sch. 19 Pt. 1 inserted (6.4.2019) by The Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019 (S.I. 2019/383), reg. 1(1), Sch. para. 9(b) F284 Sch. 19 Pt. 1 entry inserted (4.4.2011) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 3(2), Sch. 1 para. 28; S.I. 2011/892, art. 3, Sch. 2 F285 Words in Sch. 19 Pt. 1 inserted (28.11.2016) by Finance Act 2016 (c. 24), s. 189, Sch. 25 para. 15; S.I. 2016/1133, reg. 2 F286 Sch. 19 Pt. 1 entry inserted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 4 para. 16; S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1 F287 Words in Sch. 19 Pt. 1 inserted (1.6.2021) by Trade Act 2021 (c. 10), Sch. 4 para. 40; S.I. 2021/550, reg. 3(c) F288 Words in Sch. 19 Pt. 1 omitted (6.4.2019) by virtue of The Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019 (S.I. 2019/383), reg. 1(1), Sch. para. 9(a) Equality Act 2010 (c. 15) 267 SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F289 Words in Sch. 19 Pt. 1 omitted (1.3.2017) by virtue of The Bank of England and Financial Services (Consequential Amendments) Regulations 2017 (S.I. 2017/80), reg. 1, Sch. para. 19(b) F290 Words in Sch. 19 Pt. 1 inserted (30.3.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 9 para. 23; S.I. 2018/241, reg. 3(d) Local government A county council, district council or parish council in England. A parish meeting constituted under section 13 of the Local Government Act 1972. Charter trustees constituted under section 246 of that Act for an area in England. The Greater London Authority. A London borough council. The Common Council of the City of London in its capacity as a local authority or port health authority. The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in that person's capacity as a local authority. F291 ................................ F292 [ The London Fire Commissioner,] Transport for London. [F293A Mayoral development corporation.] The Council of the Isles of Scilly. The Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 1988. F294 ................................ A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in England. [F295A fire and rescue authority created by an order under section 4A of that Act.] An internal drainage board which is continued in being by virtue of section 1 of the Land Drainage Act 1991 for an area in England. A National Park authority established by an order under section 63 of the Environment Act 1995 for an area in England. A Passenger Transport Executive for an integrated transport area in England (within the meaning of Part 2 of the Transport Act 1968). A port health authority constituted by an order under section 2 of the Public Health (Control of Disease) Act 1984 for an area in England. A waste disposal authority established by virtue of an order under section 10(1) of the Local Government Act 1985. A joint authority established under Part 4 of that Act for an area in England (including, by virtue of section 77(9) of the Local Transport Act 2008, an Integrated Transport Authority established under Part 5 of that Act of 2008). [F296A sub-national transport body established under section 102E of the Local Transport Act 2008.] A body corporate established pursuant to an order under section 67 of the Local Government Act 1985. A joint committee constituted in accordance with section 102(1)(b) of the Local Government Act 1972 for an area in England. A joint board which is continued in being by virtue of section 263(1) of that Act for an area in England. 268 Equality Act 2010 (c. 15) SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F297 ... F298 [ A Local Commissioner in England as defined by section 23(3) of the Local Government Act 1974, in respect of— (a) the Commissioner's functions under sections 29(6A) and 34G(6) of that Act, and section 210(5) of the Apprenticeships, Skills, Children and Learning Act 2009; and (b) the Commissioner's public procurement functions (as defined in section 155(3) of this Act). F299 ...] [F300A combined authority established by an order made under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009. An economic prosperity board established by an order made under section 88(1) of the Local Democracy, Economic Development and Construction Act 2009. An urban development corporation established by an order made under section 135 of the Local Government, Planning and Land Act 1980.] Textual Amendments F291 Sch. 19 Pt. 1 entry repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 237, Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d) F292 Words in Sch. 19 Pt. 1 substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 116; S.I. 2018/227, reg. 4(c) F293 Sch. 19 Pt. 1 entry inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 222, 240(1)(l), Sch. 22 para. 62 F294 Sch. 19 Pt. 1 entry repealed (1.7.2012 at 00.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 30(3), Sch. 6 (with Sch. 6 Note 1); S.I. 2012/1662, art. 2(2)(b) F295 Words in Sch. 19 Pt. 1 inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 85; S.I. 2017/399, reg. 2, Sch. para. 38 F296 Words in Sch. 19 Pt. 1 inserted (E.W.) (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 31 F297 Words in Sch. 19 Pt. 1 omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 114; S.I. 2015/841, art. 3(x) F298 Sch. 19 Pt. 1 entries inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 5 F299 Words in Sch. 19 Pt. 1 omitted (31.3.2017) by virtue of The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 3(a) (with reg. 2(4)(5)) F300 Words in Sch. 19 Pt. 1 inserted (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 3(b) (with reg. 2(4)(5)) Textual Amendments F291 Sch. 19 Pt. 1 entry repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 237, Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d) F292 Words in Sch. 19 Pt. 1 substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 116; S.I. 2018/227, reg. 4(c) F293 Sch. 19 Pt. 1 entry inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 222, 240(1)(l), Sch. 22 para. 62 F294 Sch. 19 Pt. 1 entry repealed (1.7.2012 at 00.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 30(3), Sch. 6 (with Sch. 6 Note 1); S.I. 2012/1662, art. 2(2)(b) Equality Act 2010 (c. 15) 269 SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F295 Words in Sch. 19 Pt. 1 inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 85; S.I. 2017/399, reg. 2, Sch. para. 38 F296 Words in Sch. 19 Pt. 1 inserted (E.W.) (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 31 F297 Words in Sch. 19 Pt. 1 omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 114; S.I. 2015/841, art. 3(x) F298 Sch. 19 Pt. 1 entries inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 5 F299 Words in Sch. 19 Pt. 1 omitted (31.3.2017) by virtue of The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 3(a) (with reg. 2(4)(5)) F300 Words in Sch. 19 Pt. 1 inserted (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 3(b) (with reg. 2(4)(5)) Other educational bodies The governing body of an educational establishment maintained by an English local authority (within the meaning of section 162 of the Education and Inspections Act 2006). The governing body of an institution in England within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992). The governing body of an institution in England within the higher education sector (within the meaning of section 91(5) of that Act). F301 ... F302 [ A local authority with respect to the pupil referral units it establishes and maintains by virtue of section 19 of the Education Act 1996.] [F303The National Citizen Service Trust.] [F304The Office for Students.] [F305The proprietor of a City Technology College, a City College for Technology of the Arts, or an Academy.] Textual Amendments F301 Words in Sch. 19 Pt. 1 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 32; S.I. 2018/241, reg. 2(s) F302 Sch. 19 Pt. 1 entries inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 6 F303 Words in Sch. 19 Pt. 1 inserted (E.W.) (1.12.2018) by National Citizen Service Act 2017 (c. 15), s. 14(2), Sch. 2 para. 4; S.I. 2018/1239, reg. 2(h) F304 Words in Sch. 19 Pt. 1 inserted (1.1.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 1 para. 21; S.I. 2017/788, reg. 2(b) F305 Words in Sch. 19 Pt. 1 substituted (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 4 (with reg. 2(4)(5)) Textual Amendments F301 Words in Sch. 19 Pt. 1 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 32; S.I. 2018/241, reg. 2(s) F302 Sch. 19 Pt. 1 entries inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 6 270 Equality Act 2010 (c. 15) SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F303 Words in Sch. 19 Pt. 1 inserted (E.W.) (1.12.2018) by National Citizen Service Act 2017 (c. 15), s. 14(2), Sch. 2 para. 4; S.I. 2018/1239, reg. 2(h) F304 Words in Sch. 19 Pt. 1 inserted (1.1.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 1 para. 21; S.I. 2017/788, reg. 2(b) F305 Words in Sch. 19 Pt. 1 substituted (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 4 (with reg. 2(4)(5)) [F306Parliamentary and devolved bodies Textual Amendments F306 Sch. 19 Pt. 1 entries inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 7 The National Assembly for Wales Commission (Comisiwn Cynulliad Cenedlaethol Cymru). The Parliamentary Commissioner for Administration, in respect of— (a) the Commissioner's functions set out in section 3(1) and (1A) of the Parliamentary Commissioner Act 1967; and (b) the Commissioner's public procurement functions (as defined in section 155(3) of this Act). The Scottish Parliamentary Corporate Body.] [F307Police] Textual Amendments F307 Sch. 19 Pt. 1 entries and related heading substituted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 8 [F308The British Transport Police Force. A chief constable of a police force maintained under section 2 of the Police Act 1996. The Chief Inspector of the UK Border Agency. The Civil Nuclear Police Authority. [F309 The College of Policing.] The Commissioner of Police for the City of London. The Commissioner of Police of the Metropolis. The Common Council of the City of London in its capacity as a police authority. [F310The Director General of the Independent Office for Police Conduct.] [F310The Independent Office for Police Conduct.] F311 ... F312 [ A police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011. The Mayor's Office for Policing and Crime established under section 3 of that Act. A Port Police Force established under an order made under section 14 of the Harbours Act 1964. Equality Act 2010 (c. 15) 271 SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes The Port Police Force established under Part 10 of the Port of London Act 1968. A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847. F313 ...]] Textual Amendments F308 Sch. 19 Pt. 1 entries and related heading substituted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 8 F309 Sch. 19 Pt. 1 entry inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 96 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(h) F310 Sch. 19 Pt. 1 entries inserted (31.1.2017 for specified purposes; 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 72; S.I. 2017/1249, reg. 2(2)(d) F311 Sch. 19 Pt. 1 entry omitted (31.1.2017 for specified purposes; 8.1.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 72; S.I. 2017/1249, reg. 2(2)(d) F312 Sch. 19 Pt. 1 entries substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 98, Sch. 16 para. 383; S.I. 2011/3019, art. 3, {Sch. 1 para. (nnn)(iii)} F313 Sch. 19 Pt. 1 entry omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 183; S.I. 2013/1682, art. 3(v) Textual Amendments F308 Sch. 19 Pt. 1 entries and related heading substituted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 8 F309 Sch. 19 Pt. 1 entry inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 96 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(h) F310 Sch. 19 Pt. 1 entries inserted (31.1.2017 for specified purposes; 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 72; S.I. 2017/1249, reg. 2(2)(d) F311 Sch. 19 Pt. 1 entry omitted (31.1.2017 for specified purposes; 8.1.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 72; S.I. 2017/1249, reg. 2(2)(d) F312 Sch. 19 Pt. 1 entries substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 98, Sch. 16 para. 383; S.I. 2011/3019, art. 3, {Sch. 1 para. (nnn)(iii)} F313 Sch. 19 Pt. 1 entry omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 183; S.I. 2013/1682, art. 3(v) [F314Regulators Textual Amendments F314 Sch. 19 Pt. 1 entries inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 2(1), Sch. 1 para. 9 F315 ... F316 [ The Association of Chartered Certified Accountants, in respect of its public functions.] F315 ... The Chartered Institute of Patent Attorneys, in respect of its public functions. The Council for Licensed Conveyancers, in respect of its public functions. 272 Equality Act 2010 (c. 15) SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F317The Disclosure and Barring Service.] [F317The Gambling Commission.] [F317The Gangmasters and Labour Abuse Authority.] The General Chiropractic Council, in respect of its public functions. The General Council of the Bar, in respect of its public functions. The General Dental Council, in respect of its public functions. The General Medical Council, in respect of its public functions. [F317The General Optical Council, in respect of its public functions.] [F317The General Osteopathic Council, in respect of its public functions.] [F317The General Pharmaceutical Council, in respect of its public functions.] The Health and Safety Executive. [F317The Health and Care Professions Council, in respect of its public functions.] [F318The Office for Nuclear Regulation.] [F317The Independent Monitor appointed under section 119B of the Police Act 1997.] The Insolvency Practitioners Association, in respect of its public functions. The Institute of Chartered Accountants in England and Wales, in respect of its public functions. The Institute of Legal Executives, in respect of its public functions. The Institute of Trade Mark Attorneys, in respect of its public functions. The Law Society of England and Wales, in respect of its public functions. The Nursing and Midwifery Council, in respect of its public functions. The Office of the Immigration Services Commissioner. [F317The Pensions Regulator.] [F319The Regulator of Social Housing.] [F317The Security Industry Authority.] [F320Social Work England.]] Textual Amendments F315 Words in Sch. 19 Pt. 1 omitted (31.3.2017) by virtue of The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 5(a) (with reg. 2(4)(5)) F316 Words in Sch. 19 Pt. 1 substituted (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 5(b) (with reg. 2(4)(5)) F317 Words in Sch. 19 Pt. 1 inserted (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 5(c) (with reg. 2(4)(5)) F318 Sch. 19 Pt. 1 entry inserted (10.3.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 102; S.I. 2014/251, art. 3(f)(vi) F319 Words in Sch. 19 Pt. 1 inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 42 (with Pt. 4) F320 Words in Sch. 19 Pt. 1 inserted (E.) (23.7.2018) by The Social Workers Regulations 2018 (S.I. 2018/893), regs. 1(3), 40 Textual Amendments F315 Words in Sch. 19 Pt. 1 omitted (31.3.2017) by virtue of The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 5(a) (with reg. 2(4)(5)) Equality Act 2010 (c. 15) 273 SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F316 Words in Sch. 19 Pt. 1 substituted (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 5(b) (with reg. 2(4)(5)) F317 Words in Sch. 19 Pt. 1 inserted (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 5(c) (with reg. 2(4)(5)) F318 Sch. 19 Pt. 1 entry inserted (10.3.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 102; S.I. 2014/251, art. 3(f)(vi) F319 Words in Sch. 19 Pt. 1 inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 42 (with Pt. 4) F320 Words in Sch. 19 Pt. 1 inserted (E.) (23.7.2018) by The Social Workers Regulations 2018 (S.I. 2018/893), regs. 1(3), 40 [F321Transport Textual Amendments F321 Words in Sch. 19 Pt. 1 inserted (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 6 (with reg. 2(4)(5)) High Speed Two (HS2) Limited. Highways England Company Limited. Network Rail Limited.] PART 2 PUBLIC AUTHORITIES: RELEVANT WELSH AUTHORITIES Welsh Assembly Government, etc. The Welsh Ministers. The First Minister for Wales. The Counsel General to the Welsh Assembly Government. A subsidiary of the Welsh Ministers (within the meaning given by section 134(4) of the Government of Wales Act 2006). National Health Service A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006. An NHS trust established under section 18 of that Act. F322 ................................ A Community Health Council in Wales. [F323The Board of Community Health Councils in Wales or Bwrdd Cynghorau Iechyd Cymuned Cymru.] Textual Amendments F322 Sch. 19 Pt. 2 entry omitted (4.4.2011) by virtue of The Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 2011 (S.I. 2011/1063), arts. 1(2), 2(c) 274 Equality Act 2010 (c. 15) SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F323 Sch. 19 Pt. 2 entry inserted (4.4.2011) by The Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 2011 (S.I. 2011/1063), arts. 1(2), 2(a) Textual Amendments F322 Sch. 19 Pt. 2 entry omitted (4.4.2011) by virtue of The Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 2011 (S.I. 2011/1063), arts. 1(2), 2(c) F323 Sch. 19 Pt. 2 entry inserted (4.4.2011) by The Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 2011 (S.I. 2011/1063), arts. 1(2), 2(a) Local government F324 [ A corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021.] [F325A county council or county borough council in Wales.] F326 ................................ A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales. F326 ................................ A National Park authority established by an order under section 63 of the Environment Act 1995 for an area in Wales. F326 ................................ F326 ................................ F326 ................................ F326 ................................ F327 ................................ Textual Amendments F324 Words in Sch. 19 Pt. 2 inserted (E.W.) (1.4.2021) by The Equality Act 2010 (Public Authorities subject to the Public Sector Equality Duty) (Wales) Order 2021 (S.I. 2021/347), arts. 1, 2 F325 Sch. 19 Pt. 2 entry substituted (4.4.2011) by The Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 2011 (S.I. 2011/1063), arts. 1(2), 2(b) F326 Sch. 19 Pt. 2 entries omitted (4.4.2011) by virtue of The Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 2011 (S.I. 2011/1063), arts. 1(2), 2(c) F327 Words in Sch. 19 Pt. 2 omitted (E.W.) (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 43 Textual Amendments F324 Words in Sch. 19 Pt. 2 inserted (E.W.) (1.4.2021) by The Equality Act 2010 (Public Authorities subject to the Public Sector Equality Duty) (Wales) Order 2021 (S.I. 2021/347), arts. 1, 2 F325 Sch. 19 Pt. 2 entry substituted (4.4.2011) by The Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 2011 (S.I. 2011/1063), arts. 1(2), 2(b) F326 Sch. 19 Pt. 2 entries omitted (4.4.2011) by virtue of The Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 2011 (S.I. 2011/1063), arts. 1(2), 2(c) Equality Act 2010 (c. 15) 275 SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F327 Words in Sch. 19 Pt. 2 omitted (E.W.) (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 43 Other educational bodies The governing body of an educational establishment maintained by a Welsh local authority (within the meaning of section 162 of the Education and Inspections Act 2006). The governing body of an institution in Wales within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992). The governing body of an institution in Wales within the higher education sector (within the meaning of section 91(5) of that Act). [F328The Higher Education Funding Council for Wales or Cyngor Cyllido Addysg Uwch Cymru. The General Teaching Council for Wales or Cyngor Addysgu Cyffredinol Cymru. Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.] [F329Qualifications Wales.] Textual Amendments F328 Sch. 19 Pt. 2 entries inserted (4.4.2011) by The Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 2011 (S.I. 2011/1063), arts. 1(2), 2(d) F329 Words in Sch. 19 Pt. 2 inserted (E.W.) (21.9.2015) by Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 1 para. 40; S.I. 2015/1687, art. 2 (with arts. 3-12) Textual Amendments F328 Sch. 19 Pt. 2 entries inserted (4.4.2011) by The Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 2011 (S.I. 2011/1063), arts. 1(2), 2(d) F329 Words in Sch. 19 Pt. 2 inserted (E.W.) (21.9.2015) by Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 1 para. 40; S.I. 2015/1687, art. 2 (with arts. 3-12) [F330Other public authorities Textual Amendments F330 Sch. 19 Pt. 2 entries inserted (4.4.2011) by The Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 2011 (S.I. 2011/1063), arts. 1(2), 2(d) [F331The Welsh Revenue Authority or Awdurdod Cyllid Cymru.] The Auditor General for Wales or Archwilydd Cyffredinol Cymru. The Public Services Ombudsman for Wales or Ombwdsmon Gwasanaethau Cyhoeddus Cymru. [F332Social Care Wales or Gofal Cymdeithasol Cymru.] The Arts Council for Wales or Cyngor Celfyddydau Cymru. The National Museum of Wales or Amgueddfa Genedlaethol Cymru. The National Library of Wales or Llyfrgell Genedlaethol Cymru. 276 Equality Act 2010 (c. 15) SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes The Sports Council for Wales or Cyngor Chwaraeon Cymru. [F333Comisiynydd y Gymraeg (The Welsh Language Commissioner).] F334 ................................ The Commissioner for Older People in Wales or Comisiynydd Pobl Hŷn Cymru. The Children's Commissioner for Wales or Comisiynydd Plant Cymru. [F335The Wales Audit Office or Swyddfa Archwilio Cymru.]] Textual Amendments F331 Words in Sch. 19 Pt. 2 inserted (E.W.) (1.4.2018) by The Tax Collection and Management (Wales) Act 2016 (Consequential and Supplemental Provisions) Regulations 2018 (S.I. 2018/285), regs. 1(2), 3 F332 Sch. 19 Pt. 2 entry substituted (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 8 (with reg. 2(4)(5), Sch. 3 para. 9) F333 Sch. 19 Pt. 2 entry substituted (1.4.2012) by The Welsh Language (Wales) Measure 2011 (Transfer of functions, Transitional and Consequential Provisions) Order 2012 (S.I. 2012/990), art. 11 F334 Words in Sch. 19 Pt. 2 omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), arts. 1(2), 4(1), Sch. 2 para. 450(2) (with Sch. 7) F335 Sch. 19 Pt. 2 entry inserted (E.W.) (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 92 (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1) Textual Amendments F331 Words in Sch. 19 Pt. 2 inserted (E.W.) (1.4.2018) by The Tax Collection and Management (Wales) Act 2016 (Consequential and Supplemental Provisions) Regulations 2018 (S.I. 2018/285), regs. 1(2), 3 F332 Sch. 19 Pt. 2 entry substituted (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 3 para. 8 (with reg. 2(4)(5), Sch. 3 para. 9) F333 Sch. 19 Pt. 2 entry substituted (1.4.2012) by The Welsh Language (Wales) Measure 2011 (Transfer of functions, Transitional and Consequential Provisions) Order 2012 (S.I. 2012/990), art. 11 F334 Words in Sch. 19 Pt. 2 omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), arts. 1(2), 4(1), Sch. 2 para. 450(2) (with Sch. 7) F335 Sch. 19 Pt. 2 entry inserted (E.W.) (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 92 (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1) PART 3 PUBLIC AUTHORITIES: RELEVANT SCOTTISH AUTHORITIES Scottish Administration An office-holder in the Scottish Administration (within the meaning given by section 126(7)(a) of the Scotland Act 1998). National Health Service A Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978. A Special Health Board constituted under that section. Equality Act 2010 (c. 15) 277 SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Local government A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. A community council established under section 51 of the Local Government (Scotland) Act 1973. A joint board within the meaning of section 235(1) of that Act. F336 ................................ A licensing board established under section 5 of the Licensing (Scotland) Act 2005, or continued in being by virtue of that section. A National Park authority established by a designation order made under section 6 of the National Parks (Scotland) Act 2000. Scottish Enterprise and Highlands and Islands Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990. Textual Amendments F336 Words in Sch. 19 Pt. 3 omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 26, Sch. 2 para. 63(4)(a) Textual Amendments F336 Words in Sch. 19 Pt. 3 omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 26, Sch. 2 para. 63(4)(a) Other educational bodies An education authority in Scotland (within the meaning of section 135(1) of the Education (Scotland) Act 1980). The managers of a grant-aided school (within the meaning of that section). The board of management of a college of further education (within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992). In the case of such a college of further education not under the management of a board of management, the board of governors of the college or any person responsible for the management of the college, whether or not formally constituted as a governing body or board of governors. The governing body of an institution within the higher education sector (within the meaning of Part 2 of the Further and Higher Education (Scotland) Act 1992). [F337Police and Fire] Textual Amendments F337 Sch. 19 Pt. 3 heading substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 26, Sch. 2 para. 63(4)(b) [F338The Scottish Police Authority.] 278 Equality Act 2010 (c. 15) SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F339The chief constable of the Police Service of Scotland. The Scottish Fire and Rescue Service. The Chief Officer of the Scottish Fire and Rescue Service.] Textual Amendments F338 Words in Sch. 19 Pt. 3 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 26, Sch. 2 para. 63(4)(c) F339 Words in Sch. 19 Pt. 3 inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 26, Sch. 2 para. 63(4)(d) Textual Amendments F338 Words in Sch. 19 Pt. 3 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 26, Sch. 2 para. 63(4)(c) F339 Words in Sch. 19 Pt. 3 inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 26, Sch. 2 para. 63(4)(d) [F340Other bodies and offices added on 6th April 2011 Textual Amendments F340 Sch. 19 Pt. 3 entries inserted (6.4.2011) by The Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2011 (S.S.I. 2011/233), art. 2 Accounts Commission for Scotland. Audit Scotland. Board of Trustees of the National Galleries of Scotland. Board of Trustees of the National Museums of Scotland. Board of Trustees of the Royal Botanic Garden, Edinburgh. Bòrd na Gàidhlig. F341 ................................ A chief officer of a community justice authority. F341 ................................ Commissioner for Children and Young People in Scotland. Commission for Ethical Standards in Public Life in Scotland. The Common Services Agency for the Scottish Health Service. A community justice authority. Creative Scotland. The Crofters Commission. The General Teaching Council for Scotland. Healthcare Improvement Scotland Learning and Teaching Scotland. Equality Act 2010 (c. 15) 279 SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes The Mental Welfare Commission for Scotland. The Police Complaints Commissioner for Scotland. Quality Meat Scotland. A regional Transport Partnership created by an order under section 1(1) of the Transport (Scotland) Act 2005. Risk Management Authority. Royal Commission on the Ancient and Historical Monuments of Scotland. Scottish Children's Reporter Administration. Scottish Commission for Human Rights. The Scottish Criminal Cases Review Commission. Scottish Environment Protection Agency. Scottish Further and Higher Education Funding Council. Scottish Futures Trust Ltd. Scottish Information Commissioner. The Scottish Legal Aid Board. The Scottish Legal Complaints Commission. Scottish Natural Heritage. F341 ................................ Scottish Public Services Ombudsman. Scottish Qualifications Authority. The Scottish Road Works Commissioner. The Scottish Social Services Council. The Scottish Sports Council. Scottish Water. Skills Development Scotland. Social Care and Social Work Improvement Scotland. The Standards Commission for Scotland. [F342The National Library of Scotland]. VisitScotland. A Water Customer Consultation Panel. The Water Industry Commission for Scotland.] Textual Amendments F341 Words in Sch. 19 Pt. 3 omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 26, Sch. 2 para. 63(4)(e) F342 Words in Sch. 19 Pt. 3 substituted (28.6.2013) by The Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2013 (S.S.I. 2013/170), arts. 1, 2 Textual Amendments F341 Words in Sch. 19 Pt. 3 omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 26, Sch. 2 para. 63(4)(e) 280 Equality Act 2010 (c. 15) SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F342 Words in Sch. 19 Pt. 3 substituted (28.6.2013) by The Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2013 (S.S.I. 2013/170), arts. 1, 2 [F343Other bodies and offices added on 5th March 2012 Textual Amendments F343 Sch. 19 Pt. 3 entries inserted (5.3.2012) by The Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2012 (S.S.I. 2012/55), art. 2 Children's Hearings Scotland. The National Convener of Children's Hearings Scotland.] [F344Other bodies added on 1st April 2015 Textual Amendments F344 Words in Sch. 19 Pt. 3 inserted (1.4.2015) by The Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2015 (S.S.I. 2015/83), arts. 1, 2 Historic Environment Scotland. An integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014. A regional board (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005).] [F345Other body added on 28th June 2018 Textual Amendments F345 Words in Sch. 19 Pt. 3 inserted (28.6.2018) by The ILF Scotland (Miscellaneous Listings) Order 2018 (S.S.I. 2018/214), arts. 1, 4(2) ILF Scotland.] [F346Other body added on 26th November 2020 Textual Amendments F346 Words in Sch. 19 Pt. 3 inserted (26.11.2020) by The Scottish National Investment Bank p.l.c. (Miscellaneous Listings) Order 2020 (S.S.I. 2020/401), arts. 1, 2(2) The Scottish National Investment Bank p.l.c.] Equality Act 2010 (c. 15) 281 SCHEDULE 19 – Public authorities Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F347Other office added on 1st December 2020 Textual Amendments F347 Words in Sch. 19 Pt. 3 inserted (1.12.2020) by The Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2020 (S.S.I. 2020/313), arts. 1, 2 Scottish Biometrics Commissioner.] [F348Other body added on 23rd December 2021 Textual Amendments F348 Words in Sch. 19 Pt. 3 inserted (23.12.2021) by The Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2021 (S.S.I. 2021/471), arts. 1, 2 South of Scotland Enterprise.] [F349PART 4 PUBLIC AUTHORITIES: CROSS-BORDER AUTHORITIES Textual Amendments F349 Sch. 19 Pt. 4 inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), art. 2(3), Sch. 2 Cross-border Welsh authorities The Environment Agency – D [F350The Natural Resources Body for Wales – A] NHS Blood and Transplant – D The NHS Business Services Authority – D The Student Loans Company Limited – D] Textual Amendments F350 Words in Sch. 19 Pt. 4 inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), arts. 1(2), 4(1), Sch. 2 para. 450(3) (with Sch. 7) Textual Amendments F350 Words in Sch. 19 Pt. 4 inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), arts. 1(2), 4(1), Sch. 2 para. 450(3) (with Sch. 7) 282 Equality Act 2010 (c. 15) SCHEDULE 20 Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F351F351

SCHEDULE 20 Textual Amendments F351 Sch. 20 repealed (31.12.2010) by Equality Act 2010 (c. 15), ss. 186(2), 216 (with ss. 6(4), 205) F351 ................................ SCHEDULE 21 Section 189 REASONABLE ADJUSTMENTS: SUPPLEMENTARY Preliminary 1 This Schedule applies for the purposes of Schedules 2, 4, 8, 13 and 15. Binding obligations, etc. 2 (1) This paragraph applies if— (a) a binding obligation requires A to obtain the consent of another person to an alteration of premises which A occupies, (b) where A is a controller of let premises, a binding obligation requires A to obtain the consent of another person to a variation of a term of the tenancy, or (c) where A is a responsible person in relation to common parts, a binding obligation requires A to obtain the consent of another person to an alteration of the common parts. (2) For the purpose of discharging a duty to make reasonable adjustments— (a) it is always reasonable for A to have to take steps to obtain the consent, but (b) it is never reasonable for A to have to make the alteration before the consent is obtained. (3) In this Schedule, a binding obligation is a legally binding obligation in relation to premises, however arising; but the reference to a binding obligation in sub- paragraph (1)(a) or (c) does not include a reference to an obligation imposed by a tenancy. (4) The steps referred to in sub-paragraph (2)(a) do not include applying to a court or tribunal. Landlord's consent 3 (1) This paragraph applies if— (a) A occupies premises under a tenancy, (b) A is proposing to make an alteration to the premises so as to comply with a duty to make reasonable adjustments, and (c) but for this paragraph, A would not be entitled to make the alteration. (2) This paragraph also applies if— (a) A is a responsible person in relation to common parts, Equality Act 2010 (c. 15) 283 SCHEDULE 21 – Reasonable adjustments: supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) A is proposing to make an alteration to the common parts so as to comply with a duty to make reasonable adjustments, (c) A is the tenant of property which includes the common parts, and (d) but for this paragraph, A would not be entitled to make the alteration. (3) The tenancy has effect as if it provided— (a) for A to be entitled to make the alteration with the written consent of the landlord, (b) for A to have to make a written application for that consent, (c) for the landlord not to withhold the consent unreasonably, and (d) for the landlord to be able to give the consent subject to reasonable conditions. (4) If a question arises as to whether A has made the alteration (and, accordingly, complied with a duty to make reasonable adjustments), any constraint attributable to the tenancy must be ignored unless A has applied to the landlord in writing for consent to the alteration. (5) For the purposes of sub-paragraph (1) or (2), A must be treated as not entitled to make the alteration if the tenancy— (a) imposes conditions which are to apply if A makes an alteration, or (b) entitles the landlord to attach conditions to a consent to the alteration. Proceedings before county court or sheriff 4 (1) This paragraph applies if, in a case within Part 3, 4, 6 or 7 of this Act— (a) A has applied in writing to the landlord for consent to the alteration, and (b) the landlord has refused to give consent or has given consent subject to a condition. (2) A (or a disabled person with an interest in the alteration being made) may refer the matter to [F352the county court] or, in Scotland, the sheriff. (3) The county court or sheriff must determine whether the refusal or condition is unreasonable. (4) If the county court or sheriff finds that the refusal or condition is unreasonable, the county court or sheriff— (a) may make such declaration as it thinks appropriate; (b) may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified). Textual Amendments F352 Words in Sch. 21 para. 4(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Joining landlord as party to proceedings 5 (1) This paragraph applies to proceedings relating to a contravention of this Act by virtue of section 20. 284 Equality Act 2010 (c. 15)

SCHEDULE 21 – Reasonable adjustments: supplementary Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) A party to the proceedings may request the employment tribunal, county court or sheriff (“the judicial authority”) to direct that the landlord is joined or sisted as a party to the proceedings. (3) The judicial authority— (a) must grant the request if it is made before the hearing of the complaint or claim begins; (b) may refuse the request if it is made after the hearing begins; (c) must refuse the request if it is made after the complaint or claim has been determined. (4) If the landlord is joined or sisted as a party to the proceedings, the judicial authority may determine whether— (a) the landlord has refused to consent to the alteration; (b) the landlord has consented subject to a condition; (c) the refusal or condition was unreasonable. (5) If the judicial authority finds that the refusal or condition was unreasonable, it— (a) may make such declaration as it thinks appropriate; (b) may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified); (c) may order the landlord to pay compensation to the complainant or claimant. (6) An employment tribunal may act in reliance on sub-paragraph (5)(c) instead of, or in addition to, acting in reliance on section 124(2); but if it orders the landlord to pay compensation it must not do so in reliance on section 124(2). (7) If [F353the county court] or the sheriff orders the landlord to pay compensation, it may not order A to do so. Textual Amendments F353 Words in Sch. 21 para. 5(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Regulations 6 (1) Regulations may make provision as to circumstances in which a landlord is taken for the purposes of this Schedule to have— (a) withheld consent; (b) withheld consent reasonably; (c) withheld consent unreasonably. (2) Regulations may make provision as to circumstances in which a condition subject to which a landlord gives consent is taken— (a) to be reasonable; (b) to be unreasonable. Equality Act 2010 (c. 15) 285 SCHEDULE 22 – Statutory provisions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) Regulations may make provision supplementing or modifying the preceding paragraphs of this Schedule, or provision made under this paragraph, in relation to a case where A's tenancy is a sub-tenancy. (4) Provision made by virtue of this paragraph may amend the preceding paragraphs of this Schedule. Commencement Information I150 Sch. 21 para. 6 wholly in force; para. 6 not in force at Royal Assent see s. 216; para. 6 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 21 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(13)(c) (with art. 15) Interpretation 7 An expression used in this Schedule and in Schedule 2, 4, 8, 13 or 15 has the same meaning in this Schedule as in that Schedule. SCHEDULE 22 Section 191 STATUTORY PROVISIONS Statutory authority 1 (1) A person (P) does not contravene a provision specified in the first column of the table, so far as relating to the protected characteristic specified in the second column in respect of that provision, if P does anything P must do pursuant to a requirement specified in the third column. Specified provision Protected Requirement characteristic Parts 3 to 7 Age A requirement of an enactment Parts 3 to 7 and 12 Disability A requirement of an enactment A relevant requirement or condition imposed by virtue of an enactment Parts 3 to 7 Religion or belief A requirement of an enactment A relevant requirement or condition imposed by virtue of an enactment Section 29(6) and Sex A requirement of an enactment Parts 6 and 7 Parts 3, 4, 6 and 7 Sexual orientation A requirement of an enactment A relevant requirement or condition imposed by virtue of an enactment 286 Equality Act 2010 (c. 15) SCHEDULE 22 – Statutory provisions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) A reference in the table to Part 6 does not include a reference to that Part so far as relating to vocational training. (3) In this paragraph a reference to an enactment includes a reference to— (a) a Measure of the General Synod of the Church of England; (b) an enactment passed or made on or after the date on which this Act is passed. (4) In the table, a relevant requirement or condition is a requirement or condition imposed (whether before or after the passing of this Act) by— (a) a Minister of the Crown; (b) a member of the Scottish Executive; (c) the National Assembly for Wales (constituted by the Government of Wales Act 1998); (d) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government. Commencement Information I151 Sch. 22 para. 1 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f) Protection of women 2 (1) A person (P) does not contravene a specified provision only by doing in relation to a woman (W) anything P is required to do to comply with— (a) a pre-1975 Act enactment concerning the protection of women; (b) a relevant statutory provision (within the meaning of Part 1 of the Health and Safety at Work etc. Act 1974) if it is done for the purpose of the protection of W (or a description of women which includes W); (c) a requirement of a provision specified in Schedule 1 to the Employment Act 1989 (provisions concerned with protection of women at work). (2) The references to the protection of women are references to protecting women in relation to— (a) pregnancy or maternity, or (b) any other circumstances giving rise to risks specifically affecting women. (3) It does not matter whether the protection is restricted to women. (4) These are the specified provisions— (a) Part 5 (work); (b) Part 6 (education), so far as relating to vocational training. (5) A pre-1975 Act enactment is an enactment contained in— (a) an Act passed before the Sex Discrimination Act 1975; (b) an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act). (6) If an Act repeals and re-enacts (with or without modification) a pre-1975 enactment then the provision re-enacted must be treated as being in a pre-1975 enactment. Equality Act 2010 (c. 15) 287 SCHEDULE 22 – Statutory provisions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (7) For the purposes of sub-paragraph (1)(c), a reference to a provision in Schedule 1 to the Employment Act 1989 includes a reference to a provision for the time being having effect in place of it. (8) This paragraph applies only to the following protected characteristics— (a) pregnancy and maternity; (b) sex. Commencement Information I152 Sch. 22 para. 2 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f) 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; 288 Equality Act 2010 (c. 15)

SCHEDULE 22 – Statutory provisions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F354(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. Textual Amendments F354 Sch. 22 para. 3(6)(ca) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 12 Commencement Information I153 Sch. 22 para. 3 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f) 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 F355 certain teachers at Academies with religious character).] Textual Amendments F355 Sch. 22 para. 4(d) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 62(4)(c); S.I. 2012/84, art. 3 Commencement Information I154 Sch. 22 para. 4 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f) 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. Equality Act 2010 (c. 15) 289 SCHEDULE 23 – General exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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)). Commencement Information I155 Sch. 22 para. 5 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f) SCHEDULE 23 Section 196 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. 290 Equality Act 2010 (c. 15) SCHEDULE 23 – General exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Commencement Information I156 Sch. 23 para. 1 wholly in force at 1.10.2012; Sch. 23 not in force at Royal Assent see s. 216; Sch. 23 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(e) (with art. 15); Sch. 23 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(g) 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). Equality Act 2010 (c. 15) 291 SCHEDULE 23 – General exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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. [F356(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; (b) to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same 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; (b) to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same 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) 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— 292 Equality Act 2010 (c. 15) SCHEDULE 23 – General exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) “disposal” is to be construed in accordance with section 38; (b) “public authority” has the meaning given in section 150(1). Textual Amendments F356 Sch. 23 para. 2(9A)-(9D) inserted (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 19(6) Commencement Information I157 Sch. 23 para. 2 wholly in force at 1.10.2012; Sch. 23 not in force at Royal Assent see s. 216; Sch. 23 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(e) (with art. 15); Sch. 23 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(g) 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). Equality Act 2010 (c. 15) 293

SCHEDULE 23 – General exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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. Commencement Information I158 Sch. 23 para. 3 wholly in force at 1.10.2012; Sch. 23 not in force at Royal Assent see s. 216; Sch. 23 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(e) (with art. 15); Sch. 23 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(g) Training provided to non-F357... residents, etc. Textual Amendments F357 Word in Sch. 23 para. 4 heading omitted (31.12.2020) by virtue of The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(9)(a); 2020 c. 1, Sch. 5 para. 1(1) 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 [F358Great 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— F359 (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. Textual Amendments F358 Words in Sch. 23 para. 4(2) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(9)(b); 2020 c. 1, Sch. 5 para. 1(1) 294 Equality Act 2010 (c. 15) SCHEDULE 24 – Harmonisation: exceptions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F359 Sch. 23 para. 4(5)(a) omitted (31.12.2020) by virtue of The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(9)(c); 2020 c. 1, Sch. 5 para. 1(1) Commencement Information I159 Sch. 23 para. 4 wholly in force at 1.10.2012; Sch. 23 not in force at Royal Assent see s. 216; Sch. 23 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(e) (with art. 15); Sch. 23 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(g) F360

SCHEDULE 24 Section 203 ................................ Textual Amendments F360 Sch. 24 omitted (31.12.2020) by virtue of The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(4); 2020 c. 1, Sch. 5 para. 1(1) SCHEDULE 25 Section 206 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. Equality Act 2010 (c. 15) 295 SCHEDULE 25 – Information society services Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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. 296 Equality Act 2010 (c. 15)

SCHEDULE 25 – Information society services Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 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 [F361Article 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. Textual Amendments F361 Words in Sch. 25 para. 7(5)(b) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 3(1), Sch. Pt.1 (with art. 2(2)) Equality Act 2010 (c. 15) 297 SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULE 26 Section 211 AMENDMENTS [F362PART 1 ACTS OF PARLIAMENT Textual Amendments F362 Sch. 26: Pt. 1 heading and paras. 1-8 inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 2 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— 298 Equality Act 2010 (c. 15) SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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 [F3639] Part 2 of the Local Government Act 1988 (public supply or works contracts) is amended as follows. Equality Act 2010 (c. 15) 299 SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F363 Sch. 26 para. 1 renumbered (1.10.2010) as para. 9 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(a) [F36410] 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).” Textual Amendments F364 Sch. 26 para. 2 renumbered (1.10.2010) as para. 10 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(a) [F36511] Omit section 18 (exceptions to section 17 relating to race relations matters). Textual Amendments F365 Sch. 26 para. 3 renumbered (1.10.2010) as para. 11 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(a) [F36612] In section 19 (provisions supplementary to or consequential on section 17) omit subsection (10). Textual Amendments F366 Sch. 26 para. 4 renumbered (1.10.2010) as para. 12 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(a) Employment Act 1989 [F36713 The Employment Act 1989 is amended as follows. 300 Equality Act 2010 (c. 15) SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F367 Sch. 26 paras. 13, 14 inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 3 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).] Textual Amendments F367 Sch. 26 paras. 13, 14 inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 3 [F36815](1) Section 12 F369. . . (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 ”. Textual Amendments F368 Sch. 26 para. 5 renumbered (1.10.2010) as para. 15 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(b) F369 Words in Sch. 26 para. 15 omittted (1.10.2010) by virtue of The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 4 [F37016 In section 28 (orders etc.), omit subsections (2), (3) and (4)(a). Textual Amendments F370 Sch. 26 paras. 16-60 inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 5 17 In section 29(1) (interpretation), omit the definition of “the 1975 Act”.] Equality Act 2010 (c. 15) 301 SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F370 Sch. 26 paras. 16-60 inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 5 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 Encouragement of women, members of ethnic minorities and disabled persons to take up certain employment opportunities and training “17 “17 Encouragement of women, members of ethnic minorities and disabled persons to take up certain employment opportunities and training (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. 302 Equality Act 2010 (c. 15) SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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— “Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)” 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)— Equality Act 2010 (c. 15) 303 SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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 ”. 304 Equality Act 2010 (c. 15) SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 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 Duty to make reasonable adjustments for authority's functions under the Education Acts 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. Equality Act 2010 (c. 15) 305 SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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— “Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)”. Income Tax (Earnings and Pensions) Act 2003 50 The Income Tax (Earnings and Pensions) Act 2003 is amended as follows. 306 Equality Act 2010 (c. 15) SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 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 2010 (c. 15) 307 SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Equality Act 2006 [F37161] The Equality Act 2006 is amended as follows. Textual Amendments F371 Sch. 26 para. 6 renumbered (1.10.2010) as para. 61 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F37262](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 ”. Textual Amendments F372 Sch. 26 para. 7 renumbered (1.10.2010) as para. 62 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F37363] 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),”. Textual Amendments F373 Sch. 26 para. 8 renumbered (1.10.2010) as para. 63 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F37464] 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.” Textual Amendments F374 Sch. 26 para. 9 renumbered (1.10.2010) as para. 64 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F37565](1) Section 14 (codes of practice) is amended as follows. (2) For subsection (1) substitute— 308 Equality Act 2010 (c. 15) SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes “(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) ”. Textual Amendments F375 Sch. 26 para. 10 renumbered (1.10.2010) as para. 65 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F37666] In section 16(4) (inquiries: matters which the Commission may consider and report on) for “equality enactments” substitute “ Equality Act 2010 ”. Textual Amendments F376 Sch. 26 para. 11 renumbered (1.10.2010) as para. 66 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F37767] In section 21(2)(b) (unlawful act notice: specification of legislative provision) for “equality enactments” substitute “ Equality Act 2010 ”. Textual Amendments F377 Sch. 26 para. 12 renumbered (1.10.2010) as para. 67 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F37868] After section 24 insert— “24A Enforcement powers: supplemental “24A “24A Enforcement powers: supplemental (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, Equality Act 2010 (c. 15) 309 SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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).” Textual Amendments F378 Sch. 26 para. 13 renumbered (1.10.2010) as para. 68 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F37969] Omit section 25 (restraint of unlawful advertising etc.). Textual Amendments F379 Sch. 26 para. 14 renumbered (1.10.2010) as para. 69 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F38070] Omit section 26 (supplemental). Textual Amendments F380 Sch. 26 para. 15 renumbered (1.10.2010) as para. 70 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F38171](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— 310 Equality Act 2010 (c. 15) SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes “(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.” Textual Amendments F381 Sch. 26 para. 16 renumbered (1.10.2010) as para. 71 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F38272](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. ” Textual Amendments F382 Sch. 26 para. 17 renumbered (1.10.2010) as para. 72 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F38373] 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).” Equality Act 2010 (c. 15) 311 SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F383 Sch. 26 para. 18 renumbered (1.10.2010) as para. 73 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F38474](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 ”. Textual Amendments F384 Sch. 26 para. 19 renumbered (1.10.2010) as para. 74 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F38575] Omit section 33 (equality and human rights enactments). Textual Amendments F385 Sch. 26 para. 20 renumbered (1.10.2010) as para. 75 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F38676](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 312 Equality Act 2010 (c. 15) SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (d) section 190 (disability: improvements to let dwelling houses).” Textual Amendments F386 Sch. 26 para. 21 renumbered (1.10.2010) as para. 76 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) Commencement Information I160 Sch. 26 para. 76(3)(b) in force at 20.11.2021 for W.S. in so far as not already in force by S.I. 2021/1322, arts. 3, 4 [F38777](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.” Textual Amendments F387 Sch. 26 para. 22 renumbered (1.10.2010) as para. 77 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F38878] In section 39(4) (orders subject to affirmative resolution procedure) for “, 27(10) or 33(3)” substitute “ or 27(10) ”. Textual Amendments F388 Sch. 26 para. 23 renumbered (1.10.2010) as para. 78 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F38979] Omit section 43 (transitional: rented housing in Scotland). Textual Amendments F389 Sch. 26 para. 24 renumbered (1.10.2010) as para. 79 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F39080] Omit Part 2 (discrimination on grounds of religion or belief). Equality Act 2010 (c. 15) 313 SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F390 Sch. 26 para. 25 renumbered (1.10.2010) as para. 80 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F39181] Omit section 81 (regulations). Textual Amendments F391 Sch. 26 para. 26 renumbered (1.10.2010) as para. 81 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F39282] Omit Part 4 (public functions). Textual Amendments F392 Sch. 26 para. 27 renumbered (1.10.2010) as para. 82 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F39383] In section 94(3) (extent: Northern Ireland)— (a) omit “and 41 to 56”, and (b) omit “and the Disability Discrimination Act 1995 (c. 50)”. Textual Amendments F393 Sch. 26 para. 28 renumbered (1.10.2010) as para. 83 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F39484](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 ”. Textual Amendments F394 Sch. 26 para. 29 renumbered (1.10.2010) as para. 84 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F39585] In Schedule 3 (consequential amendments), omit paragraphs 6 to 35 and 41 to 56. 314 Equality Act 2010 (c. 15) SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F395 Sch. 26 para. 30 renumbered (1.10.2010) as para. 85 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c) [F396Immigration, Asylum and Nationality Act 2006 Textual Amendments F396 Sch. 26 paras. 86-100 inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 6 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 Equality Act 2010 (c. 15) 315 SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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 ”.] [F397PART 2 ACTS OF THE SCOTTISH PARLIAMENT Textual Amendments F397 Sch. 26 Pt. 2 (paras. 101-107) inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 6 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) ”. 316 Equality Act 2010 (c. 15)

SCHEDULE 26 – Amendments Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 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 ”. [F398Housing (Scotland) Act 2006 Textual Amendments F398 Sch. 26 para. 106A inserted (5.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 3(2) 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 ”.] Equality Act 2010 (c. 15) 317 SCHEDULE 27 – Repeals and revocations Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULE 27 Section 211 REPEALS AND REVOCATIONS PART 1 REPEALS Commencement Information I161 Sch. 27 Pt. 1 partly in force; Sch. 27 Pt. 1 not in force at Royal assent see s. 216; Sch. 27 Pt. 1 in force at 1.10.2010 for specified purposes by S.I. 2010/2317, art. 2(1)(15)(f) (with art. 15); Sch. 27 Pt. 1 in force at 5.4.2011 for specified purposes by S.I. 2011/1066, art. 2(h) [F399Short title Extent of Repeal The Sex Disqualification Removal Act 1919 The whole Act. Equal Pay Act 1970 The whole Act. Sex Discrimination Act 1975 The whole Act. Race Relations Act 1976 The whole Act. Estate Agents Act 1979 In section 5(3) “those Acts and”. Further Education Act 1985 Section 4. Sex Discrimination Act 1986 The whole Act. Local Government Act 1988 Section 17(9). Section 18. Section 19(10). Employment Act 1989 Sections 1 to 7. Section 9. Section 28(2), (3) and (4)(a). In section 29(1) the definition of “the 1975 Act”. Local Government and Housing Act 1989 Section 7(2)(c),(d) and (f). Social Security Act 1989 In Schedule 5— (a) in paragraph 2(4) from “; but where” to the end, and (b) paragraph 5. Enterprise and New Towns (Scotland) Act Section 18. 1990 Contracts (Applicable Law) Act 1990 In Schedule 4 in paragraph 1 “Section 1(11) of the Equal Pay Act 1970 and” and the 318 Equality Act 2010 (c. 15) SCHEDULE 27 – Repeals and revocations Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes cross-heading referring to the Equal Pay Act 1970. Further and Higher Education Act 1992 In Schedule 8, paragraphs 75 to 88. Trade Union and Labour Relations In Schedule A2 the entries for— (Consolidation) Act 1992 (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. In Schedule 2, paragraph 3(1) to (3) and the preceding cross-heading. Trade Union Reform and Employment Rights In section 39(2) “the Sex Discrimination Act Act 1993 1975, the Race Relations Act 1976, and”. In Schedule 6, paragraphs 1 and 2. In Schedule 7, paragraph 8. Race Relations (Remedies) Act 1994 The whole Act. Disability Discrimination Act 1995 The whole Act. Pensions Act 1995 Sections 62 to 66. Employment Tribunals Act 1996 Section 18(1)(c), (k), (l) and (r). Section 21(1)(a), (b), (c), (e), (l), (m) and (s). In Schedule 2, paragraph 7. Employment Rights Act 1996 In Schedule 1, paragraph 1 and the preceding cross-heading. Armed Forces Act 1996 Sections 21, 23 and 24. Education Act 1996 In Schedule 36A, in the table, the entries for the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995. In Schedule 37, paragraphs 31, 32, 34 to 36, 37(b), 39, 40 and 43. Employment Rights (Dispute Resolution) Act Section 8(1), (2) and (4). 1998 Section 9(2)(a), (b) and (d). Section 10(2)(a), (b) and (d). Equality Act 2010 (c. 15) 319 SCHEDULE 27 – Repeals and revocations Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes In Schedule 1, paragraphs 2, 3 and 11. School Standards and Framework Act 1998 In Schedule 30, paragraphs 5, 6 and 7. Greater London Authority Act 1999 Section 404. Learning and Skills Act 2000 Section 150(4)(d) and the “or” immediately preceding it. In Schedule 9, paragraphs 5, 6, 7 and 9 and the preceding cross-heading. Race Relations (Amendment) Act 2000 Section 1. Sections 3 to 10.

Schedule 2, except for paragraphs 17 and 31.

Schedule 3. Standards In Scotland's Schools etc. Act In schedule 2, paragraph 2. 2000 Special Educational Needs and Disability Act Sections 11 to 33. 2001 Section 34(4), (5), (6) and (7). Sections 38 to 40. Schedules 2 to 6. Sex Discrimination (Election Candidates) Section 1. Act 2002 Employment Act 2002 Section 42 and the preceding cross-heading. In Schedule 5, the entries for— (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. Education Act 2002 In Schedule 7, paragraph 5 and the preceding cross-heading. In Schedule 18, paragraphs 7 to 12. In Schedule 21, paragraphs 3 and 26 to 29 and the cross-headings preceding paragraphs 3 and 26. 320 Equality Act 2010 (c. 15) SCHEDULE 27 – Repeals and revocations Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Private Hire Vehicles (Carriage of Guide Sections 1 and 3 to 5. Dogs etc) Act 2002 Nationality, Immigration and Asylum Act In Schedule 7, paragraphs 11, 12 and 14 and 2002 the preceding cross-heading. Gender Recognition Act 2004 Section 19. In Schedule 6, Part 1. Civil Partnership Act 2004 Section 6(1)(b) and (2). Higher Education Act 2004 Section 19. Education (Additional Support for Learning) In section 17(1) “to exercise the functions (Scotland) Act 2004 which are conferred on a Tribunal by virtue of this Act”. Disability Discrimination Act 2005 The whole Act except for— (a) section 3 (b) section 9 (c) Schedule 1 paragraphs 31, 33, 34(1) and (6) and Part 2 Serious Organised Crime and Police Act Section 56(2)(a) and (b) and (4)(a), (b), (g) 2005 and (h) and the “and” preceding each of paragraphs (g) and (h). Education Act 2005 In Schedule 9, paragraph 8 and the preceding cross-heading. In Schedule 14, paragraphs 5 and 7. In Schedule 15, paragraph 6. Charities and Trustee Investment (Scotland) In schedule 4, paragraph 3. Act 2005 Equality Act 2006 Section 25. Section 26. Section 33. Section 43. Part 2. Section 81 Part 4. In Section 94(3) “and 41 to 56” and “and the Disability Discrimination Act 1995(c.50)”. In Schedule 3, paragraphs 6 to 35 and paragraphs 40 to 56. Education and Inspections Act 2006 In Schedule 1, paragraph 1 and the preceding cross-heading. Equality Act 2010 (c. 15) 321 SCHEDULE 27 – Repeals and revocations Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes In Schedule 3, paragraph 3 and the preceding cross-heading. Legal Services Act 2007 In Schedule 21, paragraphs 32, 36 to 38 and 118 and the cross-headings preceding paragraphs 32 and 118. Greater London Authority Act 2007 Section 11(5). Regulatory Enforcement and Sanctions Act In Schedule 3, “Disability Discrimination Act 2008 1995 (c.50)”. In Schedule 6, “Disability Discrimination Act 1995 (c.50)”. Education and Skills Act 2008 In Schedule 1, paragraphs 1 to 4 and the cross-heading preceding paragraph 1. Local Transport Act 2008 Section 55. Section 56. Apprenticeships, Skills, Children and Section 221(3).] Learning Act 2009 Textual Amendments F399 Sch. 27 Pt. 1 Table substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 13, Sch. 2 [F400PART 1A REPEALS RELATING TO THE COMMENCEMENT OF THE PUBLIC SECTOR EQUALITY DUTY ON 5TH APRIL 2011 Textual Amendments F400 Sch. 27 Pt. 1A inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 3(3)(a), Sch. 3 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 In Schedule 4, paragraphs 21 and 22. Standards) Act 2003 322 Equality Act 2010 (c. 15) SCHEDULE 27 – Repeals and revocations Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 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 In Schedule 1, paragraph 21. Games Act 2006 Natural Environment and Rural Communities In Schedule 11— Act 2006 (a) paragraph 61, and (b) in paragraph 175(2), “in the Race Relations Act 1976 (c. 74), Part 2 of

Schedule 1A;”. National Health Service (Consequential In Schedule 1, paragraphs 55 and 56. Provisions) Act 2006 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 In Schedule 6, paragraph 44. Construction Act 2009 Apprenticeships, Skills, Children and Learning In Schedule 6, paragraph 1. Act 2009 In Schedule 12, paragraph 7. Marine and Coastal Access Act 2009 In Schedule 2, paragraph 4. Policing and Crime Act 2009 Section 2(3).] Equality Act 2010 (c. 15) 323

SCHEDULE 27 – Repeals and revocations Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes PART 2 REVOCATIONS Commencement Information I162 Sch. 27 Pt. 2 wholly in force; Sch. 27 Pt. 2 not in force at Royal assent see s. 216; Sch. 27 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(15)(f) (with art. 15) Title Extent of revocation Occupational Pension Schemes The whole Regulations. (Equal Treatment) Regulations 1995 (S.I. 1995/3183) Employment Equality (Religion or The whole Regulations. Belief) Regulations 2003 (S.I. 2003/1660) Employment Equality (Sexual The whole Regulations. Orientation) Regulations 2003 (S.I. 2003/1661) Disability Discrimination Act 1995 The whole Regulations. (Pensions) Regulations 2003 (S.I. 2003/2770) Occupational Pension Schemes The whole Regulations. (Equal Treatment) (Amendment) Regulations 2005 (S.I. 2005/1923) Employment Equality (Age) The whole Regulations (other than Schedules 6 and 8). Regulations 2006 (S.I. 2006/1031) Equality Act (Sexual Orientation) The whole Regulations. Regulations 2007 (S.I. 2007/1263) Sex Discrimination (Amendment of The whole Regulations. Legislation) Regulations 2008 (S.I. 2008/963) [F401PART 3 REVOCATIONS RELATING TO THE COMMENCEMENT OF THE PUBLIC SECTOR EQUALITY DUTY ON 5TH APRIL 2011 Textual Amendments F401 Sch. 27 Pt. 3 inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 3(3)(b), Sch. 4 Title Extent of revocation 324 Equality Act 2010 (c. 15) SCHEDULE 28 – Index of defined expressions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes National Health Service Reform and Health In Schedule 1, paragraph 9. Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469) Health Professions Order 2001 (Consequential In the Schedule, paragraph 4. Amendments) Order 2003 (S.I. 2003/1590) Further and Higher Education (Scotland) Act Article 5. 2005 (Consequential Modifications) Order 2005 (S.I. 2005/2077) Water Services etc. (Scotland) Act 2005 In the Schedule, paragraph 2. (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172) References to Health Authorities Order 2007 In the Schedule, paragraph 12. (S.I. 2007/961) Tourist Boards (Scotland) Act 2006 In the Schedule, paragraph 3. (Consequential Modifications) Order 2007 (S.I. 2007/1103) Government of Wales Act 2006 (Consequential In Schedule 1, paragraphs 10 to 16. Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388) Agriculture and Horticulture Development In Schedule 5, paragraph 4. Board Order 2008 (S.I. 2008/576) Apprenticeships, Skills, Children and Learning In Schedule 1, paragraphs 9 to 11. Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080) Local Education Authorities and Children's In Schedule 2, in Part 2, paragraph 30.] Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) SCHEDULE 28 Section 214 INDEX OF DEFINED EXPRESSIONS Expression Provision Accrual of rights, in relation to an occupational Section 212(12) pension scheme 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) Equality Act 2010 (c. 15) 325 SCHEDULE 28 – Index of defined expressions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 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 19, 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 Section 212(11) scheme 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) 326 Equality Act 2010 (c. 15) SCHEDULE 28 – Index of defined expressions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Maternity leave Section 213(2) Member, in relation to an occupational pension Section 212(10) scheme 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 Section 83(5) staff Relevant member of the House of Lords staff Section 83(6) Relevant person, in relation to a personal or Section 52(6) public office Equality Act 2010 (c. 15) 327

SCHEDULE 28 – Index of defined expressions Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 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 Section 91(12) higher education institution 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 Schedule 2, paragraph 4 public functions) Taxi, for the purposes of Chapter 1 of Part 12 Section 173(1) (disabled persons: transport) Tenancy Section 38(6) Trade Section 212(1) Transsexual person Section 7(2) Trustees or managers, in relation to an Section 212(11) occupational pension scheme University Section 94(4) Victimisation Section 27(1) Vocational training Section 56(6) Woman Section 212(1) 328 Equality Act 2010 (c. 15) Document Generated: 2022-02-11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: Equality Act 2010 is up to date with all changes known to be in force on or before 11 February 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. View outstanding changes Changes and effects yet to be applied to : – s. 80(7) repealed by S.I. 2014/3229 Sch. 5 para. 19(3) – s. 104(7) words repealed by 2010 c. 15 s. 105(1)(2) (This repeal comes into force at the end of2030 unless an order under s. 105(2) specifies a later time) – s. 121(2)(a) word omitted by 2021 c. 35 Sch. 3 para. 8(a) – s. 121(2)(b)(i) word substituted by 2021 c. 35 Sch. 3 para. 8(c) – s. 138(8) words substituted by 2013 c. 22 Sch. 9 para. 52 – s. 140AA(1)(b) words substituted by S.I. 2019/305 reg. 5(2)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(2)(b) substituted immediately before IP completion day by S.I. 2020/1139, regs. 1(2), 6(2)(a)) – s. 155(2) words substituted by S.I. 2019/560 reg. 3(2)(a) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a)) – s. 155(3) words substituted by S.I. 2019/560 reg. 3(2)(b) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a)) – Sch. 11 para. 5(a) words inserted by 2021 asc 4 Sch. 2 para. 63 – Sch. 17 para. 6A(7) words inserted by 2021 asc 4 Sch. 2 para. 64 – Sch. 19 Pt. 2 entry inserted by 2020 asc 1 Sch. 3 para. 10(b) – Sch. 19 Pt. 1 words inserted by 2021 asc 4 Sch. 2 para. 65 – Sch. 19 Pt. 1 words inserted by 2015 c. 2 Sch. 3 para. 17 – Sch. 19 Pt. 1 words inserted by 2021 c. 10 Sch. 6 para. 6 – Sch. 19 Pt. 1 words inserted by 2021 c. 14 Sch. para. 11 – Sch. 19 Pt. 1 words inserted by 2021 c. 35 Sch. 4 para. 8 – Sch. 19 Pt. 2 words omitted by 2020 asc 1 Sch. 3 para. 10(a)(i) – Sch. 19 Pt. 2 words omitted by 2020 asc 1 Sch. 3 para. 10(a)(ii) – Sch. 20 para. 12(5) words substituted by 2013 c. 22 Sch. 9 para. 52 – Sch. 26 para. 36 omitted by 2018 anaw 2 Sch. 1 para. 6(o) – Sch. 26 para. 37 omitted by 2018 anaw 2 Sch. 1 para. 6(o) Changes and effects yet to be applied to the whole Act associated Parts and Chapters: Whole provisions yet to be inserted into this Act (including any effects on those provisions): – s. 121(2)(aa) inserted by 2021 c. 35 Sch. 3 para. 8(b)