The Equality (Amendment and Revocation) (EU Exit) Regulations 2019

Statutory Instruments

2019 No. 305

Exiting The European Union

Civil Partnership

Gender Recognition

Sex Discrimination

The Equality (Amendment and Revocation) (EU Exit) Regulations 2019

Made

13th February 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 M1 .

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Marginal Citations

M1 2018 c.16.

PART 1 U.K. Introduction

Citation and commencement U.K.

1.  These Regulations may be cited as the Equality (Amendment and Revocation) (EU Exit) Regulations 2019 and come into force on exit day.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 2 U.K. Amendment of primary legislation

Amendment of the Gender Recognition Act 2004 U.K.

2.—(1) The Gender Recognition Act 2004 M2 is amended as follows.

(2) In section 21 (foreign gender change and marriage), in subsection (6), for “enforceable EU right” substitute “ right which forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018 ”.

Commencement Information

I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 2004 c.7.

Amendment of the Civil Partnership Act 2004 U.K.

3.—(1) The Civil Partnership Act 2004 M3 is amended as follows.

(2) In section 216 (the same-sex requirement), in subsection (6), for “enforceable EU right” substitute “ right which forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018 ”.

Commencement Information

I3 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M3 2004 c.33.

Amendment of the Equality Act 2006 U.K.

4.—(1) The Equality Act 2006 M4 is amended as follows.

(2) In section 28 (legal assistance)—

(a) in subsection (12)—

(i) for “a provision of” substitute “ anything in retained ”;

(ii) insert “ a provision of ” before “the Equality Act 2010”.

(b) in subsection (13)—

(i) in paragraph (a), for “a provision of” substitute “ anything in retained ”;

(ii) in paragraph (b), insert “ (as it had effect before exit day) ” after “ as required by EU law ”.

Commencement Information

I4 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M4 2006 c.3.

Amendment of the Equality Act 2010 U.K.

5.—(1) The Equality Act 2010 M5 is amended as follows.

(2) In section 140AA (extension of time limits because of alternative dispute resolution in certain cross border or domestic contractual disputes), in subsection (1)—

(a) omit paragraph (a);

[F1 (b) for paragraph (b), substitute—

““ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542)”;]

(c) for paragraph (d), substitute “ “ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution ”;

[F2 (ca) after paragraph (d), insert—

“(da) “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;”;]

(d) for paragraph (f), substitute—

““relevant dispute” means a dispute that—

(a) concerns obligations under a [F3 sales contract or a service contract] , and

(b) is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom, which the parties attempt to settle by recourse to a non-binding ADR procedure.”.

[F4 (e) after paragraph (f), insert—

“(g) “sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object;

(h) “service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price;

(i) “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.”.]

(3) In section 162 (designated transport facilities), omit subsection (4).

(4) Omit section 203 (harmonisation) and Schedule 24.

(5) Omit section 204 (harmonisation: procedure).

(6) In section 208 (Ministers of the Crown, etc.), in subsection (5), omit paragraph (h).

(7) In Schedule 3 (services and public functions: exceptions),

(a) in paragraph 15A (immigration)—

(i) in sub-paragraph (2), for “functions exercisable by virtue of a relevant enactment” substitute “ relevant functions ”;

(ii) in sub-paragraph (4)(b), for the words from “by a” to the end substitute “ by or under anything mentioned in sub-paragraph (5)(a) to (c) ”;

(iii) in sub-paragraph (5)—

(aa) for “The relevant enactments are” substitute “ “Relevant functions” means functions exercisable by virtue of ”;

(bb) in paragraph (b), at the end insert “ or ”;

(cc) in paragraph (c), for the words from the beginning to “which” substitute “ anything 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 ”;

(dd) omit paragraph (d) and the “and” before it;

(b) in paragraph 17 (immigration)—

(i) in sub-paragraph (2), for “functions exercisable by virtue of a relevant enactment” substitute “ relevant functions ”;

(ii) in sub-paragraph (4)(b), for the words from “by a” to the end substitute “ by or under anything mentioned in sub-paragraph (5)(a) to (c) ”;

(iii) in sub-paragraph (5)—

(aa) for “The relevant enactments are” substitute “ “Relevant functions” means functions exercisable by virtue of ”;

(bb) in paragraph (b), at the end insert “ or ”;

(cc) in paragraph (c), for the words from the beginning to “which” substitute “ anything 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 ”;

(dd) omit paragraph (d) and the “and” before it.

(8) In Schedule 18 (public sector equality duty: exceptions), in paragraph 2 (immigration) in sub-paragraph (2)(h), for the words from the beginning to “which” substitute “ anything 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 ”.

(9) In Schedule 23 (general exceptions), in paragraph 4 (training provided to non-EEA residents, etc) —

(a) in the heading, omit “EEA”;

(b) in sub-paragraph (2), for “an EEA state” substitute “ Great Britain ”;

(c) omit sub-paragraph (5)(a).

Textual Amendments

F1 Reg. 5(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1139), regs. 1(2), 6(2)(a) (with reg. 7)

F2 Reg. 5(2)(ca) inserted (31.12.2020 immediately before IP completion day) by The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1139), regs. 1(2), 6(2)(b) (with reg. 7)

F3 Words in reg. 5(2)(d) substituted (31.12.2020 immediately before IP completion day) by The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1139), regs. 1(2), 6(2)(c) (with reg. 7)

F4 Reg. 5(2)(e) inserted (31.12.2020 immediately before IP completion day) by The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1139), regs. 1(2), 6(2)(d) (with reg. 7)

Commencement Information

I5 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M5 2010 c.15.

PART 3 U.K. Amendment of subordinate legislation

Amendment of the Equality Act 2010 (Amendment) Regulations 2012 U.K.

6.—(1) The Equality Act 2010 (Amendment) Regulations 2012 M6 are amended as follows.

(2) In regulation 4—

(a) in paragraph (1)(a) omit from “Council” to “implementing”;

(b) omit paragraphs (2) and (3).

Commencement Information

I6 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M6 S.I. 2012/2992.

Amendment of the Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2012 U.K.

7.—(1) The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2012 M7 are amended as follows.

(2) In regulation 4—

(a) in paragraph (1)(a) omit from “Council” to “implementing”;

(b) omit paragraphs (2) and (3).

Commencement Information

I7 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M7 S.R. 2012 No. 462.

PART 4 U.K. Revocation of retained direct EU legislation

8.  Regulation (EC) 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality is revoked.

Commencement Information

I8 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

9.  Decision 771/2006/EC of the European Parliament and of the Council of 17 May 2006 establishing the European Year of Equal Opportunities for All (2007) – towards a just society is revoked.

Commencement Information

I9 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F5 PART 5 U.K. Transitional provision

Textual Amendments

F5 Pt. 5 inserted (31.12.2020 immediately before IP completion day) by The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1139), regs. 1(2), 6(3) (with reg. 7)

10.   These Regulations do not affect any extension of a time limit under section 140AA of the Equality Act 2010 which has begun before these Regulations come into force.] U.K.

Signed by the Secretary of State for the Department for International Development and the Minister for Women and Equalities.

Penny Mordaunt

Secretary of State and Minister for Women and Equalities

Department for International Development

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations amend and revoke legislation in the field of equality and in particular, they amend: references to enforceable EU rights; new obligations implemented under the European Communities Act 1972; references to EU law; the European Economic Area and specific EU directives and harmonisation provisions. Part 2 amends primary legislation, Part 3 amends subordinate legislation, including subordinate legislation in Northern Ireland. Part 4 revokes retained direct EU legislation which will have no practical application in relation to the United Kingdom after EU Exit.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.