- Latest available (Revised)
- Original (As enacted)
Immigration, Asylum and Nationality Act 2006, Section 23 is up to date with all changes known to be in force on or before 28 May 2024. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The Secretary of State shall issue a code of practice specifying what an employer should or should not do in order to ensure that, while avoiding liability to a penalty under section 15 and while avoiding the commission of an offence under section 21, he also avoids contravening—
(a)[F1the Equality Act 2010, so far as relating to race], or
(b)the Race Relations (Northern Ireland) Order 1997 (S.I. 869 (N.I. 6)).
(2)Before issuing the code the Secretary of State shall—
(a)consult—
(i)the Commission for Equality and Human Rights,
(ii)the Equality Commission for Northern Ireland,
(iii)such bodies representing employers as he thinks appropriate, and
(iv)such bodies representing workers as he thinks appropriate,
(b)publish a draft code (after that consultation),
(c)consider any representations made about the published draft, and
(d)lay a draft code before Parliament (after considering representations under paragraph (c) and with or without modifications to reflect the representations).
(3)The code shall come into force in accordance with provision made by order of the Secretary of State; and an order—
(a)may include transitional provision,
(b)shall be made by statutory instrument, and
(c)shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)A breach of the code—
(a)shall not make a person liable to civil or criminal proceedings, but
(b)may be taken into account by a court or tribunal.
(5)The Secretary of State shall from time to time review the code and may revise and re-issue it following a review; and a reference in this section to the code includes a reference to the code as revised.
(6)Until the dissolution of the Commission for Racial Equality, the reference in subsection (2)(a)(i) to the Commission for Equality and Human Rights shall be treated as a reference to the Commission for Racial Equality.
Textual Amendments
F1Words in s. 23(1)(a) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 86 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6) (see S.I. 2010/2317, art. 2)
Commencement Information
I1S. 23 in force at 31.8.2006 by S.I. 2006/2226, art. 3, Sch. 1
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: