Equality Act 2010

Part 2 Guidance

Preliminary

10 This Part of this Schedule applies in relation to guidance referred to in section 6(5).

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.

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).

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.

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

15 The guidance comes into force on the day appointed by order by the Minister.

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.