Equality Act 2010

207 Exercise of power E+W+S

(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) [F1 , 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, [F2 139A,] 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 [F2 139A,] 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 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

F1 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

F2 Words in s. 207(6) inserted (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 98(3), 103(1)