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(1)The [F3Secretary of State] may by order impose on a person to whom the duty in section 76A(1) applies, or in so far as that duty applies to a person, a duty which the [F3Secretary of State] thinks will ensure better performance of the duty under section 76A(1).
(2)Before making an order under subsection (1) the [F3Secretary of State] shall consult the Commission.
(3)The [F3Secretary of State]—
(a)must consult the [F4Welsh Ministers] before making an order under subsection (1) in respect of a person exercising functions in relation to Wales, and
(b)may not, without the consent of the [F5Welsh Ministers], make an order under subsection (1) in respect of a person all of whose functions are public functions in relation to Wales.
(4)A failure in respect of performance of a duty imposed under subsection (1) does not confer a cause of action at private law.]]
Textual Amendments
F2S. 76B inserted (18.4.2006 for certain purposes and 6.4.2007 in so far as not already in force) by Equality Act 2006 (c. 3), ss. 85(1), 93 (with s. 92); S.I. 2007/1082, arts. 2, 4
F3Words in ss. 76B(1)-(3) substituted (18.8.2010) by Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 1(2), Sch. para. 3(3)(d)
F4Words in s. 76B(3)(a) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 8(a) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))
F5Words in s. 76B(3)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 8(b) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))
Textual Amendments applied to the whole legislation
F1Act repealed (1.10.2010 except for the repeal of ss. 76A-76C and s. 81 so far as it relates to those provisions, 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), s. 216(3), Sch. 27 Pt. 1 (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(f)(i) (as amended (1.10.2010) by S.I. 2010/2337, art. 2); S.I. 2011/1066, art. 2(h) (with savings in S.I. 2010/2279, art. 14(6) and S.I. 2010/2317, arts. 1(2), 10(8)(a))