Equality Act 2010

9 Race E+W+S

(1) Race includes—

(a) colour;

(b) nationality;

(c) ethnic or national origins.

(2) In relation to the protected characteristic of race—

(a) a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group;

(b) a reference to persons who share a protected characteristic is a reference to persons of the same racial group.

(3) A racial group is a group of persons defined by reference to race; and a reference to a person's racial group is a reference to a racial group into which the person falls.

(4) The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group.

(5) A Minister of the Crown F1 ...—

(a) [F2 must by order] amend this section so as to provide for caste to be an aspect of race;

(b) [F3 may by order] amend this Act so as to provide for an exception to a provision of this Act to apply, or not to apply, to caste or to apply, or not to apply, to caste in specified circumstances.

(6) The power under section 207(4)(b), in its application to subsection (5), includes power to amend this Act.

Textual Amendments

F1 Words in s. 9(5) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 97(2), 103(2)

F2 Words in s. 9(5)(a) inserted (25.4.2013 for specified purposes and 25.6.2013 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 97(3), 103(1)(i)(2)

F3 Words in s. 9(5)(b) inserted (25.4.2013 for specified purposes and 25.6.2013 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 97(4), 103(1)(i)(2)

Modifications etc. (not altering text)

C1 S. 9(5) power to repeal or amend conferred (25.4.2013 for specified purposes and 25.6.2013 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 97(7)-(10), 103(1)(i)(2)