The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010

Provisions coming into force on 1st October 2010

2.—(1) Subject to articles 3 to 25, the relevant provisions of the 2010 Act, as set out in the following paragraphs, come into force on 1st October 2010.

(2) In Part 2 (equality: key concepts), the relevant provisions are—

(a) sections 4 and 5;

(b) section 6 in so far as it is not already in force;

(c) sections 7 to 13;

(d) sections 15 to 21;

(e) section 22 in so far as it is not already in force;

(f) sections 23 to 27;

(g) Schedule 1 in so far as it is not already in force.

(3) In Part 3 (services and public functions), all the provisions are relevant provisions except—

(a) so far as they apply to the protected characteristic of age;

(b) paragraph 2 of Schedule 2 so far as it relates to the third requirement in a case where A is—

(i) a local authority in England or Wales exercising functions under the Education Acts, or

(ii) an education authority exercising functions under an enactment specified in paragraph 10(2) of Schedule 3 to the 2010 Act.

(4) In Part 4 (premises), the relevant provisions are—

(a) sections 32 to 35;

(b) section 36(1)(a) to (c), (2) to (4), (7) and (8);

(c) section 38(1) to (7) and (9);

(d) section 38(8) in so far as it relates to the provisions set out in paragraph (e);

(e) in Schedule 4—

(i) paragraphs 1 to 4;

(ii) paragraph 8 except so far as it relates to paragraph 5(4)(c);

(iii) paragraph 9 in so far as it is not already in force;

(f) Schedule 5.

(5) In Part 5 (work), the relevant provisions are—

(a) sections 39 to 60;

(b) section 61 in so far as it is not already in force;

(c) sections 62 to 77;

(d) section 79;

(e) sections 80 to 83 in so far as they are not already in force;

(f) Schedule 6;

(g) Schedule 7 in so far as it is not already in force;

(h) Schedule 8;

(i) Schedule 9 in so far as it is not already in force.

(6) In Part 6 (education), the relevant provisions are—

(a) sections 84 to 93;

(b) section 94 in so far as it is not already in force;

(c) section 95;

(d) sections 96 and 97 in so far as they are not already in force;

(e) section 98 (except as provided in paragraph (i));

(f) section 99;

(g) Schedules 10 and 11;

(h) Schedule 12 in so far as it is not already in force;

(i) Schedule 13 except—

(i) paragraph 2 so far as it relates to the third requirement;

(ii) paragraph 5 so far as it relates to the third requirement in a case where A is the governing body of a maintained school (within the meaning of section 92 of the 2010 Act);

(j) Schedule 14.

(7) In Part 7 (associations), the relevant provisions are—

(a) sections 100 to 105 except so far as they apply to the protected characteristic of age;

(b) section 107 except so far as it applies to the protected characteristic of age;

(c) Schedule 15;

(d) Schedule 16 except so far as it applies to the protected characteristic of age.

(8) In Part 8 (prohibited conduct: ancillary), all the provisions are relevant provisions.

(9) In Part 9 (enforcement), the relevant provisions are—

(a) sections 113 to 115;

(b) section 116(1)(a) and (b) and (2);

(c) section 116(1)(c) so far as it relates to, and for the purpose of, making rules under Part 3 of Schedule 17 to the 2010 Act;

(d) section 116(3) in so far as it relates to the provisions set out in paragraph (k));

(e) section 117 in so far as it is not already in force;

(f) sections 118 to 135;

(g) section 136(1) to (6)(a) to (e);

(h) section 137;

(i) section 138 in so far as it is not already in force;

(j) sections 139 to 141;

(k) in Schedule 17—

(i) Parts 1 and 2 in so far as they are not already in force;

(ii) Part 3 so far as it confers or relates to the power to make rules under paragraph 10 of that Schedule;

(iii) Part 4.

(10) In Part 10 (contracts, etc.), the relevant provisions are—

(a) sections 142 to 146;

(b) section 147 in so far as it is not already in force;

(c) section 148.

(11) In Part 11 (advancement of equality), the relevant provisions are—

(a) section 158;

(b) section 159(3) for the purposes of section 158(4)(a) only.

(12) In Part 12 (disabled persons: transport), the relevant provisions are—

(a) section 161 so far as it confers the power to make regulations;

(b) section 165 so far as it relates to, and for the purpose of, the issue of exemption certificates under section 166;

(c) section 166;

(d) section 167(1) to (5), and (7), so far as it relates to, and for the purpose of, the issue of exemption certificates under section 166;

(e) section 167(6);

(f) sections 168 to 185;

(g) sections 187 and 188.

(13) In Part 13 (disability: miscellaneous), the relevant provisions are—

(a) section 189 in so far as it is not already in force;

(b) section 190;

(c) Schedule 21 in so far as it is not already in force.

(14) In Part 14 (general exceptions), the relevant provisions are—

(a) section 191 (except as provided in paragraph (d));

(b) sections 192 to 195;

(c) section 196 (except as provided in paragraph (e));

(d) Schedule 22 except so far as it applies to the protected characteristic of age in Parts 3 and 7 of the 2010 Act;

(e) Schedule 23 except so far as it applies to the protected characteristic of age in Parts 3 and 7 of the 2010 Act.

(15) In Part 16 (general and miscellaneous), the relevant provisions are—

(a) section 206;

(b) section 211(1) in so far as it relates to the provisions set out in paragraph (e));

(c) section 211(2) (except as provided in paragraph (f));

(d) Schedule 25;

(e) in Schedule 26(1)—

(i) paragraphs 1 to 8;

(ii) paragraphs 13 to 60;

(iii) paragraph 61 in so far as it is not already in force;

(iv) paragraphs 62 to 64;

(v) paragraph 65(4);

(vi) paragraphs 66 to 72;

(vii) paragraph 75;

(viii) paragraph 76 except so far as it relates to section 34(2)(a) and (b) of the 2006 Act, as substituted by sub-paragraph (3)(b) of that paragraph;

(ix) paragraphs 77 to 81;

(x) paragraph 82 except so far as it relates to sections 84 and 85(2) of the 2006 Act;

(xi) paragraphs 83 to 107;

(f) Schedule 27(3) except so far as it repeals—

(i) sections 76A to 76C of the 1975 Act(4) (and section 81 of that Act so far as relating to those sections);

(ii) sections 71 to 71B of, and Schedule 1A to, the 1976 Act(5);

(iii) sections 17(8), 18 and 19(10) of the Local Government Act 1988(6);

(iv) sections 49A to 49D of the 1995 Act(7);

(v) section 404 of the Greater London Authority Act 1999(8);

(vi) sections 84 and 85 of the 2006 Act;

(vii) sections 55 and 56 of the Local Transport Act 2008(9).

(1)

Schedule 26 has been amended by the 2010 Order and the paragraphs within it have been renumbered.

(2)

By virtue of S.I. 2009/2231, references in section 85 of the 2006 Act to an office-holder in the Scottish Administration are to be taken to include a reference to the Scottish Court Service established by the Judiciary and Courts (Scotland) Act 2008 (2008 asp 6), section 60(1).

(3)

Schedule 27 has been amended by the 2010 Order.

(4)

Section 76A was inserted by the 2006 Act, section 84(1) and was amended by S.I. 2007/1388 and 2007/2914. Sections 76B and 76C were inserted by the 2006 Act, section 85(1) and were amended by S.I. 2007/2914. Section 76B was also amended by S.I. 2007/1388.

(5)

Sections 71 to 71B of the 1976 Act were substituted by the Race Relations (Amendment) Act 2000 (c.21), section 2(1). Sections 71 and 71B were amended by S.I. 2007/2914. Section 71B was also amended by S.I. 2007/1388. Section 71A was amended by the Nationality, Immigration and Asylum Act 2002 (c.41), section 6(5) and Schedule 9. Schedule 1A was inserted by the Race Relations (Amendment) Act 2000, Schedule 1 and has been subject to amendments not relevant to this Order.

(6)

1988 c.9; section 17(8) was amended by the Trade Union and Labour Relations Consolidation Act 1992 (c.52), Schedule 2, paragraph 38 and by S.I. 2009/1941. Section 18 was amended by the Race Relations (Amendment) Act 2000, Schedule 2, paragraphs 20 to 22 and the Environment Act 1995 (c.25), Schedule 8, paragraph 8.

(7)

Sections 49A to 49D were inserted by the Disability Discrimination Act 2005 (c.13), section 3. Section 49B was amended by S.I. 2007/1388. Section 49C was amended by the 2006 Act, section 88 and S.I. 2007/1388. Section 49D was amended by the 2006 Act, Schedule 3, paragraphs 41 and 48 and S.I. 2007/1388.

(8)

1999 c.29; section 404 was amended by the Greater London Authority Act 2007 (c.24), section 11 and Schedule 2.

(9)

2008 c.26.